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Ethics re Assisting BK Client with Modification of Support after Joint BK
Go with your gut.
Sent from my iPhone
On Nov 16, 2012, at 3:21 PM, "riprapbiz" wrote:
> I think I know the answer to this ... but ... I want to represent this gentleman.
>
> I filed a Joint Chapter 7 BK Petition for H&W who were waiting on their Judgment in Family Court. Explained that I could not rep them if they became adversaries in BK. Explained in layman's terms, nothing is confidential between the three of us so don't go there and tell me stuff behind each other's backs. They signed the requisite conflict waiver stating that I could exit or rep one party (Husband)if things went south. No assets, nothing to hide, etc.
>
> Wife dissappeared, then reappeared in the 11th hour as we were going to move forward with Husband only.
>
> We filed Joint Petition, had our Afternoon 341(a) the same day they were in Family Court in the AM getting their final judgment entered. All went well without a hitch. BK over and closed.
>
> Hubby wants me to assist him in filing for modification of child support. Ex Wife moved in with boyfriend. Husband is making child support payments based on 14 year old daughter living with wife. 14 year old does not want to live with Mom and new boyfriend and is now living 100% with Dad. Dad will maintain spousal support but wishes to adjust child support since 14 year old daughter is with him 100%.
>
> a. Since BK is over, can I do this?
> b. If she signs a conflict waiver (Ex Wife) does that make it better or worse because it's a no no, no matter what?
> c. Should I? (my better judgment says no).
> d. Just help him with papers and hearing and he can go In Pro Per? Or is that just softening the face of a "shouldn't do"
> e. I kicked butt in Ethics 3 years ago but my heart says just say no. And I guess I'm looking for gut reaction regardless of rules. Like "Sandy just stay away from this."
>
> Please advise.
> Thanks
> Sandra Nutt
> SandraNutt1234@gmail.com
> http://www.SandraNuttAttorneyAtLaw.com
>
>
The post was migrated from Yahoo.
I think I know the answer to this ... but ... I want to represent this gentleman.
I filed a Joint Chapter 7 BK Petition for H&W who were waiting on their Judgment in Family Court. Explained that I could not rep them if they became adversaries in BK. Explained in layman's terms, nothing is confidential between the three of us so don't go there and tell me stuff behind each other's backs. They signed the requisite conflict waiver stating that I could exit or rep one party (Husband)if things went south. No assets, nothing to hide, etc.
Wife dissappeared, then reappeared in the 11th hour as we were going to move forward with Husband only.
We filed Joint Petition, had our Afternoon 341(a) the same day they were in Family Court in the AM getting their final judgment entered. All went well without a hitch. BK over and closed.
Hubby wants me to assist him in filing for modification of child support. Ex Wife moved in with boyfriend. Husband is making child support payments based on 14 year old daughter living with wife. 14 year old does not want to live with Mom and new boyfriend and is now living 100% with Dad. Dad will maintain spousal support but wishes to adjust child support since 14 year old daughter is with him 100%.
a. Since BK is over, can I do this?
b. If she signs a conflict waiver (Ex Wife) does that make it better or worse because it's a no no, no matter what?
c. Should I? (my better judgment says no).
d. Just help him with papers and hearing and he can go In Pro Per? Or is that just softening the face of a "shouldn't do"
e. I kicked butt in Ethics 3 years ago but my heart says just say no. And I guess I'm looking for gut reaction regardless of rules. Like "Sandy just stay away from this."
Please advise.
Thanks
Sandra Nutt
SandraNutt1234@gmail.com
http://www.SandraNuttAttorneyAtLaw.com
The post was migrated from Yahoo.