NSW Law Firm ethics & conflict of interest?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

stewartst

Member
4 December 2017
2
0
1
Hi all,

I'm recently separated and also recently having to communicate with Family Law and selling our joint property. Pretty much after reading the brief story I'm just after any tips or opinions as to if the below points exist;
  • Consumer Matters - Poor Communication or Rudness (complaint worthy?)
    • Not responding to emails, and as I had noted that I was Self Representing and they still did not respond accordingly.
    • Speaking of fellow law or court officials in a denigrating manner.
  • Professional Misconduct - Conflict of Interest, Misleading or dishonest conduct
    • Ethically to gain. Being the firm acting for our sale and with holding payout due to an internal loan taken through the firm from my ex-partner and myself over a year ago which was my ex-partners loan to be paying out, but also acting against myself in family law
    • Conflict emotionally. the solicitor and ex-partner are close friends and it being apparent through communication that the solicitor has let the emotional interfere
    • Conflict emotionally. i raised concerns during our time together that my ex-partner appeared to be having an affair or some relations to sorts with a solicitor inside that firm who is also family law.
    • Misleading. the solicitor stating to me that i am not able to do certain things or request certain things, but having the mediators stating that in fact i do have a right to the information i request and it is something they will be discussing in mediation.

My ex-partner has worked in the law firm as a secretary to the family law department for some time now(even while we were together) that is both representing her in family law matter and also handling the sale of our property(they were her pick to use and i didn't see it as an issue at the time as there was no family law issues on the table when we signed them up).

It should be noted that this isn't a big firm it is a small country firm so departments are literally over the office divider and i understand that this should not mean anything to the solicitor but the owner of the firm was the person to lend and he is also their boss.

I received an undertaking order from her solicitor. I responded to this, and again to their second attempt. Over a month had passed and it took me a trail of 8 emails back and forth just to find out from the solicitor the status of the undertaking order at which point they finally stated there was no longer an order in place.

I attempted to contact my ex-partner (failed attempt as she hung up after myself saying hello, we need to talk). After this I received another email from her solicitor again stating that if my ex-partner was to call her in distress like that again that the solicitor would approach the police to have an ADVO placed on me.

The email response was very unprofessional and even denigrating to other law or court officials, as well as including statements that the mediators said clash with what they do. Ending the email the solicitor stated that all communication was to be done through her until agreements had been made in mediation.

I asked why the cause/grounds for the ADVO was but received no answer other than telling me to seek legal advice. After this email i also kept getting messages from my ex-partner to my phone. After raising the question to her solicitor if it was purely a restriction on me for communication the solicitor responded again to get legal advice.

It also should be noted that I have 3 children to her under 18yrs. One with a disability. I know that my ex-partner would not try to stop me from having them and by no means is a point in any of these legal proceedings.

I did try to seek legal aid in my local town but because they have already heard from me ex-partner they cannot take on my case. So I am waiting on applications of grants and legal aid to contact me back and am in limbo.

I hope all of this makes sense to someone?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
So, summed up, you're frustrated at your ex's lawyer for...well, being a lawyer, basically.

Try and remember that your ex's lawyer is under no obligation to reply to you, and often won't because receiving, reading and responding to e-mails is costly work for their client. Anything that you need to know is going to show up in serviced documents, and everything else is discretionary, even if that is to your dismay.

But the answer isn't to try and have them 'pinned' for doing something wrong. They're not wronging you - you're not their client - so it's fairly irrelevant that they're not doing what you want them to, like answering your e-mails or telling you anything other than 'get legal advice'.

Instead, change your tactic. Only write to the lawyer about matters relevant to your current dispute (that is, matters currently in Court - no intervention order applications in Court? No need to ask about the grounds for an intervention order), and only in the interest of either reaching agreement or serving them with documents.

Communication about the children is where it gets tricky. There's nothing - not even a lawyer's threats - stopping you from talking to your ex about the kids, but it's up to you if you want to pass that information through the lawyer, or directly through your ex. The reality is that police won't file for an AVO 'on request'. They have to be persuaded there is grounds for them to spend police resources to file for an AVO, and if your communication is only about the kids and only when necessary, then police will be reluctant to use that as grounds for an AVO.
 

stewartst

Member
4 December 2017
2
0
1
Kind of true, and thank you for responding. They were all great points.

Im probably more concerned at this point in my payout of the house and them wanting to pay a personal loan out early that is currently being paid off to them and until i agree pretty much no funds will be released. The other stuff is extra emphasis on the actions.

Thank you again
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
I assume the personal loan was subject to a contract? If the terms of the contract stipulate the terms of repayment, then they are obliged to just follow the terms of the contract.

Who is directing them to withhold funds until the loan is paid off?
 

Lennon

Well-Known Member
11 September 2014
270
36
719
Were they acting for you both in the sale of the house before they accepted instructions from your ex in the family matters?