Can/should I file an Attorney Complaint

North Carolina Divorce Law Divorce and Separation Answers
1

Because you have an attorney I would advise you to consult with your own counsel regarding this issue, they will be the best person to assess whether or not the other attorney is violating any rules. On the face of it, it does appear that he has not followed proper procedure, however every circumstance is different.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My wife and I share split custody, 50/50, Saturday to Saturday. Her attorney has been blatantly disregarding, if not outright snubbing his nose at the rules and I’m wondering if there is anything I can do/should about it.

Since he was hired in October of '07, the following has occurred:

1)Three weeks after the temp custody hearing that resulted in our current 50/50 custody order, he filed an Ex Parte motion citing that I was a threat to abscond w/our child and that I was not providing safe and suitable home. The motion contained NO SPECIFIC EXAMPLES at ALL to support either claim. I have a stable job as a professor at a college for 8 years and was granted 50/50 custody. Our home, a beautiful 2500 sq. ft brick home is in a very respected neighborhood, is clean, safe, roomy and our child has lived there since she was born, 3 years ago. I’m obviously not a threat to run!

2)Before filing the EP motion, he not only failed to notify my attorney, he never notified him AT ALL, instead, he bypased him and MAILED me a copy of the order, U.S. Mail, no signature request, not certified, STANDARD USPS, which I received the day BEFORE I was to pick up my child.

  1. He was granted the EP motion because he outright LIED to the judge by telling him the child needed to stay with the mother to maintain status quo. In REALITY, the child had been living with me EXCLUSIVELY for 3 of the previous 4-weeks! (prior to the new 50/50 custody order). When the judge was made aware of the truth, the new EP motion was dissolved & the original 50/50 order was reinstated. My wife’s attorney received a stern warning from the judge and a “don’t do that again, young man” speech, nothing more.

  2. He has since failed to provide my attorney with copies of any subpoena prior to ANY court hearing.(there have been 9 suubpoenas total) Finally, after receiving a threatening letter from my attorney, we received the copies of the subpoenas yesterday, nearly 7 weeks after the date he was required hand them over. I think he was deliberately withholding the info because it provided my wife with knowledge that I didn’t have, didn’t know, or didn’t know she had access to. This could obviously give her an advantage in the custody eval. On top of all of this, he has even “hired” her to work for him part time and even been seen out to dinner with her!

These things aren’t major, huge issues but they do show a seamy side that, I feel, if continues to go unchecked, will only get worse. The only defense he has is his lack of experience, he’s been practicing barely 2-years. Still enough time to know better.

Is this typical attorney behavior? Do I have a legitimate complaint? BTW, I wouldn’t complain until AFTER the custody eval and decision.

Thanks!!
F4A