Reporting ex husbands attorney to State Bar for misconduct

Bonita Geary Kaplan

Based on your allegations, it is possible that your ex's attorney has violated the Rules of Professional Conduct which govern attorney's behavior. The possibility of his persuading your ex to lie on the stand is especially disturbing. Your state bar governs the conduct of attorneys licensed by the state. If you file a complaint against the attorney, the state bar can investigate the allegations and determine whether any violations occurred.

The downside is that if you are in continuing litigation, he may be even more difficult to deal. You may choose to file your complaint after the litigation is completed.

Robert S. Bennett

I am not licensed in the State of Washington so I can only answer if the question was for the State of Texas. There is in Washington, the Washington State Bar Association ("WSBA") and if you go to that website, you will find helpful information about lawyer conduct and how to file a grievance against an attorney in the State of Washington. I am curious as to why this has not been discussed with your own attorney? Does your own attorney support you going forward and filing a grievance against Mr. Divorce? Your question was as to the downside of reporting him. If the litigation is still going on and if Washington is like Texas, notice will be given to Mr. Divorce even if your complaint is dismissed. So he will know that you fled the complaint. If the WSBA prosecutes the case, you will be a witness and will be involved in the litigation as a witness. Again, in Texas there is no liability for filing a complaint and you could not be sued. Besides discussing this with your own counsel in the divorce, I would discuss it with the Bar Association, and ulitmately if you do go forward with the complaint, it would be beneficial if you found several other citizens who have been likewise attacked by the shark and would support your opinions and attempt to protect others from this attorney.

Alec Scott Rose

I do not practice law in your home state, but my answer applies general legal principles that should apply in every state. I recommend that you consult your own domestic relations attorney, or another experienced lawyer in your area.

While revenge is sweet, and it sounds like getting even with this character would certainly feel good, you need to focus on your primary goal in this litigation: getting your dissolution settled on a basis that is as fair to you as possible. Going to the State Bar's ethics department could have unintended consequences that may detract from the goal of getting the best possible settlement. For example: What if "Mr. Divorce" convinces the court that your accusation is false and vindictive and intended to get you a tactical advantage in the case, and this causes the court to have a sympathy backlash with your ex-husband?

At the very least, make sure your attorney is aware of your desire to report "Mr. Divorce" and agrees that it won't create an issue. Also, consider waiting until the case is over, so no one can claim you did it to gain a tactical advantage in the litigation.

In my experience, most judges are well aware of the lawyers who are dishonest or unethical, and know how to keep the scales balanced when a shark swims into the courtroom, and it is often wise to sit back and let the judge deal with the shark.