Jon (and TLC) should realize he has accused his former lawyer Anthony List of some serious misconduct. If true, his lawyer could be subject to discipline, even disbarment. If not true, Mr. List should look into a defamation lawsuit against Jon (and TLC).
Jon claims Mr. List:
- Filed for primary custody when Jon never wanted that.
- Spoke to the media without Jon's permission.
All attorneys are bound by the Rules of Professional Conduct. We take an oath, facing the flag, right hands raised. Pennsylvania also has their own state ethical rules. Both rules discuss at length the attorney-client privilege. An attorney cannot reveal details of a litigation unless their client gives their permission. Jon would have had to give his permission for List to speak to the media, or List would be violating one of the most sacred duties of an attorney.
In Pennsylvania, the client has the "absolute right to direct the litigation." Attorney List had no business filing for primary custody unless Jon gave him permission. Similarly, the national rules state, "a lawyer shall abide by a client's decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued." No question, an attorney should not file for primary custody without their client's permission. Did Jon really not give him permission, or is this another line TLC quickly cooked up? We think the latter.