Lawyer communications


#1

My son’s mom had a lawyer that represented her for a couple of years during the time we were settling custody of our son. Last year at a contempt hearing, her lawyer filed a consent to withdraw and it was signed and she was officially removed. Well, two weeks ago I received a few emails from the lawyer about a conversation my son’s mom and I had the day before. Can she be involved without being “on file”? My son’s mom and I settled everything and then the lawyer emailed me and I had to go back over everything his mom and I had discussed since she obviously had not told the lawyer the entire story.
My question is, am I required to respond to the lawyer if she isn’t even his mom’s lawyer anymore? Doesn’t the lawyer need to be “on file” to continue communicating with me? If I’m not required to respond sine she does not represent his mom anymore, is it best to let the lawyer know I will not continue communicating with her unless she is legally representing his mom? I feel like just ignoring the lawyer’s emails could come off as callous if we ever end up back in court and it’s not that I don’t care, it’s just that I would prefer to communicate with his mom than a lawyer that doesn’t even know my son. Can I just email and say something like “I will no longer respond to communications from you or your office since you are no longer the legal representation on file for my son’s mom” Would that be sufficient? Every time she emails it turns into an email war and a huge ordeal. When his mom and I talk without the lawyer the same topic could be settled in one conversation. I hope this makes sense… Thanks!


#2

The lawyer can be involved in the case even though she filed a withdrawal previously. It sounds like your son’s mom has retained her in some capacity to deal with ongoing custody issues, and as such it is appropriate to respond to her. Attorneys may represent people without there being an open court file showing that the attorney is attorney of record on the case.