Skip to main content

My husband and i are getting a divorce, he is an attorney. Is he allowed to communicate with me since he is an attorney?

Winchester, CA |

My husband says he is not allowed to talk to me because he is an attorney and may get disbarred.

Attorney Answers 7


  1. Hi - that is not entirely true - as a party he can speak to you - as a lawyer he cannot. So, if he will be representing himself in the divorce, then YES - it may be true. You should ask him that question. More important, you should be careful about speaking with him about anything that could affect the divorce and seek to hire a hire to protect yourself in the pending dissolution.I truly wish you the best of luck! As an aside, if you found my direction helpful, and if you feel appropriate; could you designate my answer as the “best” answer to your question?


  2. If you have an attorney, he may just be using the ethics rule as a excuse. As attorneys we are not to communicate with represented parties about any details of the case. (see http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule2100.aspx). Other than that, I'm not sure what he is referring to. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. If you do not already have an attorney, he can speak to you. In cases where each party has an attorney the parties are encouraged to speak to each other in case they can work things out. However, the attorney for one party cannot talk directly to the other party and may only go through that party's attorney. No matter what, get your own attorney. As they say, don't bring a knife to a gunfight. You need your own advocate.


  4. This is not a personal injury question. You should set up a meeting with a divorce attorney in your area. Most attorneys provide initial consultations for free. It seems like it would be in your best interests to seek legal advice from a divorce attorney.....given that your husband is an attorney. Unless you are also an attorney, it sounds like your husband has more legal knowledge than you do. That means you could potentially get taken advantage of unless you get some legal advice.

    If you have an attorney already, you should be letting your attorney speak to your husband. It is true that an attorney is not permitted to speak to a person who is represented by an attorney.

    **This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.


  5. If you have your own attorney, then he must communicate with your attorney. If both of you are representing yourselves without an attorney, then his statement is just plain ridiculous.


  6. He is allowed to communicate with you so long as he does so consistent with the law and legal ethics. The law does not require any different/superior behavior for attorneys than for others but the Cal. Professional Rules of Professional Conduct (promulgated by the Cal. Judicial Council) require consent be given to the attorney of an opposing party to communicate with that party. That can't rationally prohibit an attorney spouse from communicating with his/her spouse in his/her capacity as a spouse.


  7. I don't think he can be disbarred for talking to you unless you have your own lawyer and he is representing himself. But he may be doing you a favor: because he is an attorney he has the advantage of knowing the legal significance of things you might say that you might not realize has meaning. My advice is get you own lawyer and have that lawyer communicate with him directly if he is representing himself, or though his own attorney.

    This law firm handles appeals in all appellate courts throughout California, except bankruptcy, unemployment and workers comp appeals. Nothing contained in this communication is intended to be, or shall be deemed to be, legal advice, counsel, or services to you or on behalf of you or any other person or any entity. Use of the Avvo website does not create any obligation or relationship between you and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox is not privileged or confidential, and you should not post any information that you intend to keep confidential. Finally, your situation may be governed by legal deadlines, and you may lose your rights if you do not or did not act within those deadlines. You are solely responsible for meeting those deadlines until and unless you retain an attorney.

Divorce topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics