Monday, January 7, 2019

Attorney Doesn't Know the Law

Several times over the last few years a client wants to go to counseling instead of going to court.  There is a little known law that can force one's spouse to go to counseling before obtaining a divorce.  Most attorneys do not know about the provision and misinform their clients that they have no option in regards to forcing a counseling session.  I agree that forced counseling would rarely be successful but I also do what my clients want after they are informed and have had to argue, successfully, with several attorneys that there is a basis for forcing the parties to go to counseling.  Most often that results in a voluntary trip to the counselor and sometimes in a repair or improvement in the relationship.

Attorney refuses to withdraw from case

An attorney represents a debtor in a collection action.  After the matter is settled and a judgment entered against the debtor, his attorney refuses to withdraw.  That means the attorney for the judgment creditor cannot communicate directly with the debtor due to ethical rules. The debtor asks for the balance on his account and to speak directly to the attorney for the creditor.  The attorney representing the debtor is sent summaries of all payments including the balance owed but the creditor's attorney cannot respond directly to the debtor.  Notice of withdrawal documents are provided to the debtor's attorney but she still does not withdrawal, and given the questions of the debtor, she apparently doesn't pass on information to her client.  

Monday, May 30, 2011

Bad Tactic

When an attorney said "What can we do to make this divorce easier and cheaper" the other attorney said, "there are not divorces any longer in Washington, they are 'dissolution of marriage' proceedings" which insulted the other attorney and just made him work harder.

Tender Years Doctrine

In a case about very young twins, the Mother's attorney argued that the children should live with the Mother because "...well, because she's the Mother and they are so young" even though the Mother did not breast feed the babies and the Father had seen the children as much as the Mother since their birth.


A Spokane attorney argued in his own divorce that he should be compensated for the breast augmentation operation of his wife.

Hiding evidence

A Seattle attorney, who represented the wife in a divorce, offered to have his client not cooperate in a criminal prosecution of her abusive husband, in exchange for consideretion from the husband in the divorce.

Physical Violence

A Kitsap County attorney pushed the opposing attorney into a wall in the courthouse.