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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

Postby Airell » Sun Jan 18, 2015 4:21 am

sounds like a conflict of interests to me - particularly if the deposition has to do with him. you might want to call around and see if you can get someone to give you legal advice, pro bono, if you cannot afford representation.   TheLightWorks 44 months ago
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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

Postby Willifrid » Sun Jan 18, 2015 8:29 pm

I would get one immediately and have him protest your ex-husband's wife deposing you. Conflict of interest...not being able to be dispassionate.   MaryAnn 44 months ago
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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

Postby Umair » Mon Jan 19, 2015 9:55 pm

Look into conflict of interest laws. I believe you will find that they can't do that in most states.   Directmale 44 months ago
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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

Postby fitche » Tue Jan 20, 2015 7:10 am

Ha! I wish I could, but he owes so much back support and un reimbursed expenses for our 3 kids that I cannot afford representation. I did read in CA Code of Civil Procedure that states in part "deposition shall be conducted under the supervision of an officer who is authorized to administer an oath and is subject to all of thefollowing requirements:(a) The officer shall not be financially interested in the actionand shall not be a relative or employee of any attorney of theparties, or of any of the parties?(f) Violation of this section by any person may result in a civilpenalty of up to five thousand dollars($5,000) Looking for some kind person in legal field who can verify that this applies to my situation and I will file paperwork(I've learned a lot while in Pro Per) Thanks for your input! I appreciate it.   alimac 44 months ago
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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

Postby jorel » Wed Jan 21, 2015 7:42 pm

I tried that because he filed improperly but judge stated that i have to respond to subpoena. She was put off by my ex's wife stating that she was going to do deposition but didn't put a atop to it. I'm finding more and more, that judges in Family Law don't know the law off the top of their heads, but rely heavily of case law being cited by attorney objecting. I'm not one and so things seep through and are allowed.   alimac 44 months ago
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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

Postby Markel » Thu Jan 22, 2015 9:06 pm

Sounds as if you could refuse to go for merely the appearance of conflict--state that you refuse to be deposed by an ex-husband.   danielpauldavis 44 months ago
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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

Postby Birkhead » Sat Jan 24, 2015 10:01 pm

I did read in CA Code of Civil Procedure that states in part ... "deposition shall be conducted under the supervision of an officer who is authorized to administer an oath and is subject to all of thefollowing requirements:(a) The officer shall not be financially interested in the actionand shall not be a relative or employee of any attorney of theparties, or of any of the parties?(f) Violation of this section by any person may result in a civilpenalty of up to five thousand dollars($5,000) I cant wait to see if this applies to me]y situation. I will research the subject you suggest. Thanks!   alimac 44 months ago
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Is It Ethical For My Ex Husband (an Attorney) To Have His Current Wife (also Attorney) Depose Me? I Have No Legal Rep.

Postby Brainard » Tue Jan 27, 2015 12:29 am

Nope.   TurboB 44 months ago
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