Oxnard, CA asked in Divorce for California

Q: Is it legal for my divorce attorney to speak to my soon to be ex-husband's mother? I never gave my permission to do so.

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1 Lawyer Answer
Diana L. Martinez
Diana L. Martinez
  • Chino, CA
  • Licensed in California

A: I think you need to have a conversation with your attorney about this. What was his purpose in speaking to her? It isn't normally something that attorneys do. Is she the one calling the shots? Is he trying to locate your soon-to-be ex? Your attorney is free to do whatever is required under the California State Bar rules of professional conduct and duties owed to a client. If s/he is gathering information, s/he does not need to get your permission for each thing s/he does. It sounds like you may be in a litigated process and that you and your attorney have really not spent much time planning what will be done. So, again, I suggest you speak with your attorney. As to whether or not it is "legal", I can't really think of any law s/he has broken by speaking with your mother-in-law.

You may want to consider another divorce process that allows you to have a bit more say in the planning and processing of your divorce. The fact that you have asked this question seems to indicate that you have a problem with your current counsel. If you cannot work it out, you may want to do some research in finding a representative who is more in line with your goals and who can better help you manage your expectations.

I hope this is helpful to you. Good luck.

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