David Bruce Parker's Answers

Change of venue

In California, one who sues for breach of contact must sue in the county where the defendant lives or the county where the contract was made or performed. Assuming you don't have counsel, you should write a letter or email demanding that the case be transferred to Sacramento. If the attorney ignores you, you should file a motion for change of venue (best handled by an attorney). If your motion is granted, the former attorney who sues is required to pay your legal fees in bringing the motion....

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My attorney refuses to communicate with me until I threaten to to go the board of professional responsibility

Every state has ethics rules that lawyers admitted in that state must honor. Every jurisdiction requires that attorneys communicate with clients concerning significant developments and to respond to client inquiries. If your lawyer is not communicating with you, you may wish to file a complaint with the state bar in your state or, perhaps before taking that step, you should ask for a meeting, sending the request through the mail, certified mail, return receipt requested. The attorney will...

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If my lawyer breaks attorney client confidentiality, what do i do?

I am not a practicing family lawyer and I am not an attorney licensed in Minnesota. However, I can provide some guidance. If the information is confidential such that you do not have to disclose it in the divorce case, then the attorney should have followed your instruction. If the policy was bought during marriage, it is almost certainly discoverable. If the policy was purchased after separation, then probably it is not something you have to disclose. The attorney has a duty to disclose...

Has my lawyer violated client-lawyer confidentiality?

Without your consent, your attorney violates his or her duties as an attorney, by making the statements in your inquiry. If you wish to preserve the relationship, you should admonish the attorney not to repeat this episode. If you have lost confidence with the attorney, then by all means replace him or her. Absent additional information, I do not see how you have been harmed financially so firing the attorney and suing the attorney does not seem a wise option. You could file a complaint with...

Do I have a case against my husband's attorney for knowingly taking my attorney/client communications using them against me?

Attorneys who come into possession of confidential communications between an adverse party and his or her attorney, once they realize what they have in hand, are required to stop reading and return the document to the opposing attorney. If they have grounds to believe there is no privilege or a waiver of a privilege, the attorney must still disclose his or her possession of the potentially confidential documents and promptly seek a judicial resolution of the nature or status of the document....