My husband says he is not allowed to talk to me because he is an attorney and may get disbarred.
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?
Family Law Attorney
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.
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Employment / Labor Attorney
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.
Personal Injury Lawyer
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.
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Family Law Attorney
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.
Family Law Attorney
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.
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.
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