Q: Can a lawyer use a state document to mislead another party?
My wife is in a just-turned ugly custody case. Her Ex’s lawyer emailed her a pdf file with some misleading information to try and convince my wife that she is in the wrong regarding my stepson’s case. In the email, there was also an attached MC-050 “Substitution of Attorney-civil”. My wife’s name is in the “name of person served” section, but her Ex never substituted attorney’s (her name is still on all of the original documents) nor was this document filed with the court. So she essentially sent my wife a document that was used not for its intended purpose to give the appearance of being official. Is the attorney allowed to do this?
A:
Under California law, a lawyer is not permitted to use documents to mislead or deceive another party. This conduct violates the ethical standards set by the California State Bar, which mandates that attorneys act with honesty and integrity. Misusing a state document, such as the MC-050 “Substitution of Attorney-civil” form, to give a false impression is unethical and potentially sanctionable.
In your wife's custody case, the opposing lawyer’s actions could be considered an attempt to mislead her about the legal proceedings. Sending an unfiled and improperly used form with the intent to confuse or intimidate your wife is inappropriate. This tactic can be reported to the court and the State Bar of California for further investigation and disciplinary action.
Your wife should inform her own attorney about this incident and consider filing a complaint with the California State Bar. It's important to document all communications and misleading information received, as this can support any claims of unethical behavior. Seeking guidance from her legal counsel will help ensure that her rights are protected and that any improper conduct is addressed.
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