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Badger56

Litigation threat by civilian against attorney

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Good Morning,

I am an attorney in New Hampshire who was recently divorced.  The divorce was amicably mediated, and in the few times it was necessary I represented myself.  By so doing I became both attorney and client, not to mention potential witness.  During a rare disagreement about educational decisions regarding our children, my ex-wife's new husband contacted me, and continued to do so despite being asked to refrain from contacting me twice as he was not a party to the mediation agreement, or any other event thereafter.  This digressed, and his final communication was that he would file suit if I continued to contact my ex-wife, which is an impossibility given our custody sharing responsibilities.  I have come up blank on searches relating to such situations, which have been further complicated due to my multiple roles in the situation.  I also do not believe that he 1) has a valid cause of action and 2) legal standing to approach me in court.  Looking over the recorded history Criminal Harassment is a no-brainer as he continued to contact me after repeated requests that he stop, and he acted aggressively and off-topic.  I feel that there is something else there though relating to threatening me either for my role as an attorney or a party to an ongoing legal action.  Also I am unsure if such a threat can be considered an actual threat if it is a legal impossibility.  My final concern is potential impact on the children as we strive to keep it friendly.  If anyone out there could lend some advice or direction it would be greatly appreciated.  Many thanks and enjoy the long weekend.

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His final communication was that he would file suit if I continued to contact my ex-wife. I also do not believe that he 1) has a valid cause of action and 2) legal standing to approach me in court.

 

 

If you really are an attorney, you should know that neither 1 nor 2 actually prevents some idiot from filing and serving a lawsuit on you. When you get served you respond to the complaint and raise your defenses.

 

You are probably safe to ignore him, tell him to pound sand, block his calls, etc, etc.

 

Looking over the recorded history Criminal Harassment is a no-brainer as he continued to contact me after repeated requests that he stop, and he acted aggressively and off-topic.

 

 

It's a misdemeanor. And your perception of his calls may not even rise to a level that can be successfully prosecuted.

 

http://law.justia.com/codes/new-hampshire/2009/TITLELXII/CHAPTER644/644-4.html

 

Do you really think the authorities are going to get involved in your spitting contest with your ex-wife's husband?

 

I think not.

 

I repeat my advice: Ignore him, hang up as soon as you know it's him. The more you engage him, the more you enable him to keep coming at you. Tell your ex-wife that he's an issue and then don't bring it up again. I think you are making a mountain out of a molehill and anticipating things that might never come to pass.

 

By the way (any lawyer knows this) the correct response to the threat of a lawsuit is "Go for it" (click).

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Contact your wife's divorce attorney and ask him to forward your request to her, and in that request you should ask your wife how she would like for you to get in touch with her in the future--is there a mutual friend or relative you all have who would relay messages from you to your ex-wife or could she get a personal email address that only you would know about for communicating with her privately?  You should also ask your wife's divorce attorney to explain to her the problem you are having with her current husband.

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