In a custody / move away case, the opposing attorney kept saying "she wants to move to live with her momma." I found the repeated remark 'momma' in combination with the stress he put on the word "momma" and with the intonation he used to say it, offensive and disrespectful. It made me feel uncomfortable. Can I complain about him to the bar for violation of Rule 4.4? Will they do anything?
Family Law Attorney
You can try, but I don't think it will accomplish anything. The Rules of Professional Conduct do require attorneys to not "engage in conduct that is prejudicial to the administration of justice," which generally requires treating the Court and all parties with courtesy; but that is sufficiently vague that I don't think this is a violation. Bear in mind that legal cases are, by definition, contentious. People are bound to feel disrespected some of the time.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: email@example.com | Online: www.northwestlawoffice.com
Family Law Attorney
Really? My you are sensitive! You should tell your attorney to tell the other attorney to please refrain from doing that at any future hearing.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.