NJSBA Family Law Section

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  • 1.  Ethics / conflict question

    Posted 09-20-2018 12:50 AM
    I represented Rich in his quest to establish himself as a psychological parent to Tommy, a five year old that he'd raised since he was less than two. Case went to trial and the court agreed, giving him 50/50 custody (not that it's relevant to the question, but decision is here: http://www.dpdlaw.com/Pogo_Decision.pdf / http://www.dpdlaw.com/Pogo.htm )

    Biological father, Tom, got a one sentence mention - he's not in the picture, has never had parenting time with his son. Mom had a "harassment" DV FRO and he walked away from the whole situation years ago. To the extent Tom had an opinion at all, he supported Rich's quest to be a psychological parent. In that capacity, I spoke to Tom and the issue of dismissing the old FRO came up.

    About 18 months after the trial, Tom calls and wants to file a Carfagno motion to dismiss the old FRO. Rich gives me a waiver to represent him due to potential conflict. We file and Tom wins after a hearing - FRO gone.

    Now Tom, whose new wife can't have kids, wants to see Tommy and have regular parenting time - looking for about two Sundays a month, maybe a vacation in the summer when the child gets to know him.

    Rich is okay with it, but wants 50% of the time to come out of "mom's time" and 50% out of "his time."

    If they both sign waivers, can I represent Tom and Rich in a motion to establish parenting time, or is it an unwaivable conflict?

    Thanks,


    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
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    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223



  • 2.  RE: Ethics / conflict question

    Posted 09-20-2018 08:23 AM

    David,

      Don't do it.

      The conflict of interest rule seeks to prevent using confidential information against a former client. You have Rich's confidential information from his quest to be psychological parent.

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     






  • 3.  RE: Ethics / conflict question

    Posted 09-20-2018 12:51 PM

    I don't believe this can be waived.  This can easily turn into a situation where they become adverse to each other and then you have to remove yourself completely from the case.   

     

    Best Regards,

     

    Elizabeth A. Calandrillo, Esq.

     

    image004.png@01D1F95F.44586C70

     

    Certified by the Supreme Court of the State of New Jersey as a Matrimonial Law Attorney

    Qualified Family Law Mediator pursuant to R.1:40-12

     

    Partner

    Ross & Calandrillo, LLC

    1044 Route 22 West, Suite 2

    Mountainside, New Jersey 07092

    phone:908-543-4800

    fax: 908-543-4801

     

    www.rcfamilylawyers.com

     

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