Recourse Against an Unethical Attorney

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Recourse Against an Unethical Attorney

Anonymous Aug 17, 2015 Business 8 views 2 answers

I filed an ex-parte notice that was to be heard on the same day as my RFO to modify a support order. Knowing very well that I would not have a chance to rebut her ex-parte objection to my ex-parte, my spouses attorney fabricated lies and misrepresentations in her 12 page response to my ex-parte, which made me look very bad. I didn't have a chance to fully read her response (and even if I did, I would not have the opportunity to refute it considering this was an ex-parte). I was surprised to find that the judge was angry at me during my RFO and was accusing me of misconduct. Though I wasn't sanctioned, his judgment to my RFO was less than favorable and was generous towards my spouse. What is my recourse the unethical behavior of my wife's attorney?

Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA · Accepted Answer · 2026-06-15T15:47:19+00:00

It's your ex parte motion. Often the opposing party has inadequate opportunity to refute. You want to refute a refuting response which you haven't read fully. The response would seem to have either been a declaration by your spouse or of no evidentiary value (beyond a possible request for judicial notice). The Judge is siding with your spouse. Maybe the problem isn't in falsity of the response. Assume you are entitled to no favorable opinion so long as you don't supply the Court records for this matter. Please get an attorney.

William Kopeny · Accepted Answer · 2026-06-15T15:47:19+00:00

Your recourse is to be sure of your facts first. Then you can do one of the following: 1. Put your complaints about the lawyer in writing to the lawyer. See what response you get. Keep a copy of the writing. 2. Demand a refund. 3. File a fee dispute with the County Bar. Or the State Bar. 4. File a complaint about the attorneys conduct with the State Bar. 5. File a malpractice action against the attorney. NONE of these may be required if appropriate in your case, but this is the range of options a client who has been served poorly has. You should seriously consider obtaining a formal second opinion before moving to anything other than step 1 which may result in better communication and resolve the problem.

Recourse Against an Unethical Attorney

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