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  1. #1

    Post Is the Other Party's Lawyer Ethically Allowed to Contact Me Directly

    My question involves a child custody case from the State of: TN

    We are currently involved in a custody battle with my husband's ex. We were granted emergency custody in July of last year (2011), and the now four year old child has been with us full time since May of that year. The ex has not seen or talked to the child in over 6 months. Yesterday was the child's fourth birthday, and the ex called out of the blue to speak to him. The child is in counseling, and the therapist has recommended until the ex can be consistent, it is best to limit contact. It is very upsetting to him to speak with her. We chose to not answer her calls, but then HER lawyer calls and tells us we need to let him speak to the ex or we will be in contempt of court. We are only trying to protect the child. We have an emergency order in place where she (or her agents) cannot have any unsupervised contact with the child. THere is no court ordered visitation, and YES, WE DO HAVE A LAWYER. It being a weekend however, I cannot reach him. My question(s) are this:

    1.) Is her lawyer allowed to contact and threaten us?
    2.) Should this be reported to the board?
    3.) What obligations do we have to allow her phone conversations?

    Thank you

  2. #2
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    Default Re: Is the Other Party's Lawyer Ethically Allowed to Contact Me Directly

    If your husband has a lawyer and the other lawyer knows he's represented, the lawyer should be communicating through your husband's lawyer.
    Quote Quoting Tennessee Rules of Professional Conduct, Rule 4.2: Communication With a Person Represented by Counsel
    In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
    Your husband's obligation to allow the other parent to speak to her child is governed by his custody order, to which we have no access.

    Your husband can discuss his obligation to allow contact, and what response he might take to the lawyer's contact, once he talks to his own attorney on Monday.

  3. #3

    Default Re: Is the Other Party's Lawyer Ethically Allowed to Contact Me Directly

    Thank you for your response. He has a custody/parenting plan from his divorce. However, does the emergency custody order supersede it as it came most recently?

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