On or about 09/18/09 my husband and his mother paid A-1 California Paralegal Service and were assigned a paralegal CleoPatra Torres to file divorce proceedings against me. On my husband's request, this paralegal did not serve me, giving me time to respond as legally allotted by law. I was finally served approx. 7 days before my husband filed for a declaration of default, basically giving him everything that he was requesting in the divorce. On or about 10/28/09 I received text messages and phone calls from CleoPatra Torres who is a paralegal at A-1 California Paralegal Service as well as my husband stating that they had filed a declaration of default judgment against me and demanded that I give them $300.00 that day or it would be to late for the divorce to be stopped and he would get everything. At that time the paralegal also informed me that I had no legal recourse regarding this issue unless the $300.00 was paid. One of the text messages, "They said that i need 2 do it today or it will be too late 2 file..." After seeking legal advice I learned what I needed to do and the court tossed the default out. Upon requesting the name of the attorney that oversee the firm, I was informed that she would not give me that name and that it was none of my business.
On 3/30/10 at 10:43AM, I received a call from CleoPatra Torres (Paralegal) called me from my husbands cell phone questioning me why I asked my husband who she was and I informed her that it was because I had seen that she is a friend on his facebook and had full access to my facebook (as we are still married and share a link) and information. After learning that she was the paralegal that he had hired and also acted as a process service in our case, I was disturbed that this unethical behavior was transpiring and I was not informed by my husband as to who she was. At that time CleoPetra Torres (Paralegal) became very hostal and aggressive and informed me that ' is the one who files paper against me and I had better keep her name out of my mouth' and 'that she knows where I live and where I work' and that he was down at her office right now filing papers against you (referring to me). After terminating the conversation with her. CleoPatra Torres (Paralegal) then proceeded to harass me by sending following text messages from her at 3/30/10 at 10:58AM "Wat u r doin is stalkn n i got a man 4 your information. U need 2 leave my name ou0t ur m0ou0th cuz i dnt kno u n u dnt kn o me!" and 11:04AM "Gud because i have 4 witnesses that just saw u n got a good look at you stalkn n passing by my place of employment n harassing me."
I have determined that this behavior is not in compliance with the canons of ethics LDA Code of Ethics and Professional Responsibility in particular Canon 9 A Legal Document Assistant shall avoid impropriety and the appearance of impropriety, and shall not engage in any conduct that would adversely affect his or her fitness to practice, including, but not limited to, the following: the unauthorized practice of law, violence, dishonesty, and/or abuse of a professional position or public office. BUSINESS AND PROFESSIONS CODE SECTION 6450 (b) Notwithstanding subdivision (a), a paralegal shall not do the following: (1) Provide legal advice. (5) Engage in conduct that constitutes the unlawful practice of law. (7) In connection with providing paralegal services, induce a person to make an investment, purchase a financial product or service, or enter a transaction from which income or profit, or both, purportedly may be derived. 6452. (a) It is unlawful for a person to identify himself or herself as a paralegal on any advertisement, letterhead, business card or sign, or elsewhere unless he or she has met the qualifications of subdivision (c) of Section 6450 and performs all services under the direction and supervision of an attorney who is an active member of the State Bar of California or an attorney practicing law in the federal courts of this state who is responsible for all of the services performed by the paralegal. The business card of a paralegal shall include the name of the law firm where he or she is employed or a statement that he or she is employed by or contracting with a licensed attorney. (b) An attorney who uses the services of a paralegal is liable for any harm caused as the result of the paralegal's negligence, misconduct, or violation of this chapter. This behavior is disturbing and the fact that this company's owner and or attorney would allow this is even more disturbing.
0 comments