David Kluft

#LegalEthics Tidbit: If an attorney violates Rule 4.2 to get a represented party to sign a document, is the document automatically void?

A MS wife hired counsel and filed for divorce on the basis of inhumane treatment. A month later, the wife and husband filed a new case in the same court, a joint complaint signed by both parties for divorce based on “irreconcilable differences,” along with agreements for custody, etc... The chancellor ... (cont.)

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Jun 24 at 1:24pmWeb
Show threadDavid Kluft5d ago
... found that husband’s counsel “undertook to prepare pleadings seeking an irreconcilable differences divorce for the parties, directed [husband] as to how to obtain [wife’s] signature, filed the paperwork listing [wife] as “pro se,” and wholly ignored the fact …. that [wife] was represented by an attorney.” The chancellor concluded that the second filing was void in light of the violation of Rule 4.2 (communicating with represented party) and what ... (cont.)
Show threadDavid Kluft5d ago
... essentially amount to fraud on the court. The MS Ct. of Appeals reversed, finding insufficient evidence of fraud (“We disagree that [wife’s] signing of the joint complaint and associated agreements was unlawful because her attorney was not there. The fact that [wife] signed the final divorce decree papers is not, by itself, evidence of fraud. [Wife] ... (cont.)
Show threadDavid Kluft5d ago
... can hire an attorney yet, on her own, decide to act contrary to her attorney's advice.”) The Ct. of Appeals did not mention what they thought of the finding of a Rule 4.2 violation (presumably that was referred to the MS bar).