QLD My sons ex's solicitor has sent him a friend request

[SandyLee]

My son has started the mediation process with his ex in regards to custody of their daughter.
His ex has apparently had papers drawn up by a family friend who is a solicitor with regards to visitation.
We have not seen the paperwork yet as they keep finding excuses to stop him signing and will not allow him to take his daughter until he signs.
This solicitor, who my son doesn't know, sent him a friend request on facebook around the same time that the paperwork was supposedly ready.
We only found out through a 3rd party who this person is.
My question is:
Is it ethical or conflict of interest what this solicitor is doing?
Should my son decline the request or keep it open to show his solicitor when one is assigned to him?
Any input would be appreciated

 

[Rob Legat - SBPL]

I'd consider it unethical. It's a tiny bit grey, but ethics usually comes down to an 'if in doubt, don't do it' scenario. If your son was currently represented it would definitely be considered unethical, which tips it over into that realm for me.

The Queensland Law Society's commentary to the Australian Solicitors Conduct Rules (which Queensland solicitors are bound by) does include some comment on this sort of situation. In addition to the issues stated in the first paragraph, becoming a 'friend' on Facebook without disclosing the true purpose of the request could be considered a breach of the solicitor's ethical duty of honesty.

You might also want to read this Queensland Law Society article: http://www.qls.com.au/files/e988d22...130311_Seven_ethical_sins_in_social_media.pdf

Your son could decline it, if feeling generous. However, poor ethical conduct tarnishes our whole profession. The proper way to deal with it is to take a screenshot of the invite for confirmation, and refer the matter to the Legal Services Commission: Legal Services Commission - Legal Services Commission

 

[thatbloke]

The opposition lawyer is obviously not a friend! That tells you all you need to know to make the decision

 

[Rod]

Get evidence of the withholding in writing - useful if the matter goes to court.

 

[Tim W]

I agree with @Rob Legat - SBPL.

It's clearly an attempt to fish for material
that could be later made to appear
unfavourable to your son.

 

[thatbloke]

I would take this as an opportunity to tighten up the Facebook profile no public posts make sure you go into settings and limit the audience of old posts to friends and then do a view as the general public and make sure the absolutely nothing can be seen whatsoever if someone looks at the Facebook account

Also go into settings and make sure that the checkbox for linking to Google search engines is not checked

 

[SandyLee]

I'd consider it unethical. It's a tiny bit grey, but ethics usually comes down to an 'if in doubt, don't do it' scenario. If your son was currently represented it would definitely be considered unethical, which tips it over into that realm for me.

The Queensland Law Society's commentary to the Australian Solicitors Conduct Rules (which Queensland solicitors are bound by) does include some comment on this sort of situation. In addition to the issues stated in the first paragraph, becoming a 'friend' on Facebook without disclosing the true purpose of the request could be considered a breach of the solicitor's ethical duty of honesty.

You might also want to read this Queensland Law Society article: http://www.qls.com.au/files/e988d22...130311_Seven_ethical_sins_in_social_media.pdf

Your son could decline it, if feeling generous. However, poor ethical conduct tarnishes our whole profession. The proper way to deal with it is to take a screenshot of the invite for confirmation, and refer the matter to the Legal Services Commission: Legal Services Commission - Legal Services Commission

Thank you for your response

 

[SandyLee]

Thank you for your response

 

[SandyLee]

The opposition lawyer is obviously not a friend! That tells you all you need to know to make the decision

 

[SandyLee]

Thank you