Question: I am going through a divorce and my husband’s father’s friend was and I believe is no longer a practicing lawyer. He is the unofficial attorney for my husband giving him legal advice and calling me to relay information from and to my husband. I’m wondering is he allowed to give legal advice and act as counsel if he is no longer a practicing lawyer?
Matthew Answers: You have only stated “going through a divorce”. If the father’s name appears on the pleadings, assuming a petition was filed, he is not the “unofficial attorney”. He is THE attorney. As far as giving legal advice is concerned, whether he is practicing or not, he can tell his son what he thinks should be done. If you feel that there is something inappropriate, your best recourse would be to either retain counsel or advise the court of the perceived improprieties.
