Linda Paquette represented Vida Negrete in her petition to obtain a conservatorship over Bibiano Becerra in 2007.
Becerra had suffered serious brain and other injuries in a 2003 construction accident. He later recovered approximately $1.6 million in settlement, which was placed into a trust for which Negrete served as trustee.
San Diego attorney Parisa P. Farokhi was appointed as Becerra’s attorney and requested that all contact with her client be made through her.
In April 2008, Farokhi accused Paquette of having contacted her client without her consent and knowledge, which interfered with her representation of Becerra. Farokhi requested an order to show cause for sanctions or a contempt ruling, on the grounds that Paquette had violated the Rules of Professional Conduct in that manner.
The Fourth District Court of Appeal reversed an award of over $3,500 in monetary sanctions and attorney fees against a Pasadena attorney based on her alleged violations of the California Rules of Professional Conduct.
Div. One explained that San Diego Superior Court Judge David G. Brown’s imposition of sanctions was legally unsupportable because Linda Paquette had not violated a court order by disregarding a request by counsel for a proposed conservatee that all communications to her client go through her.
Full Article and Source:
Court Reverses Sanctions Against Pasadena Attorney
Becerra had suffered serious brain and other injuries in a 2003 construction accident. He later recovered approximately $1.6 million in settlement, which was placed into a trust for which Negrete served as trustee.
San Diego attorney Parisa P. Farokhi was appointed as Becerra’s attorney and requested that all contact with her client be made through her.
In April 2008, Farokhi accused Paquette of having contacted her client without her consent and knowledge, which interfered with her representation of Becerra. Farokhi requested an order to show cause for sanctions or a contempt ruling, on the grounds that Paquette had violated the Rules of Professional Conduct in that manner.
The Fourth District Court of Appeal reversed an award of over $3,500 in monetary sanctions and attorney fees against a Pasadena attorney based on her alleged violations of the California Rules of Professional Conduct.
Div. One explained that San Diego Superior Court Judge David G. Brown’s imposition of sanctions was legally unsupportable because Linda Paquette had not violated a court order by disregarding a request by counsel for a proposed conservatee that all communications to her client go through her.
Full Article and Source:
Court Reverses Sanctions Against Pasadena Attorney
I'm not sure which way to go on this. The opposition's lawyer should not contact you because he/she can damage the case.
ReplyDeleteBut the no contact rule is also so lawyers can control their clients --and bill.
So, it's good and bad...
I think it's a lawyer ettiquette thing - if a person is represented by a lawyer, then everything goes thru the lawyer.
ReplyDeleteIt's probably not a law.