Thank you for your question, Nick. Please allow me to assist you this evening.I agree that it is mind boggling that this attorney ended up representing one party against the other. He should have withdrawn, or at least obtained a waiver from the other part stating that as the cases are completely unrelated, that party has no issue with this attorney providing representation. This is a violation state rules on professional responsibility and such a violation should be reported to the state bar association's disciplinary committee.Good luck.
My problem , with this mind boggling episode...and I certainly agree with you, The two attorney's went into the judge's chambers prior to of course going into the court room, to discuss this...my attorney when she found out, about this conflict submitted a petition to the court to dismiss the X wife's attorney.This was a scheduled court appearance to argue this petition,it was determined that the X's attorney indeed needed to withdraw from the case...now this attorney did have 35 years of court room experience ,The judge even made the comments , to the attorney,now remember this is in private chambers, that he was lucky my attorney was going to let him go into court and voluntarily with draw....to me this seems like covering for your own...Question...should not I have been consulted before this offer was made...and does this not raise and ethical question here , with the judge should have taken the lead in requiring the attorney to be responsible for his actions, or is the reason for being generous because there could have been some severe consequences for the attorney who represented the X wife....Nick
Nick,Thank you for your follow-up. This may well have been an example of professional courtesy. Such an oversight is so blatant that either it was done completely in error or the attorney is utterly incompetent. But the client (your ex) could indeed pursue this and file with the state board. But you personally are a non-issue to this because ultimately it was the other party who was wronged and not you. There is no obligation for you to have been consulted or asked if you consent with the decision put forth by the court. However, if you are still on more-or-less amicable terms with your ex, consider letting her know that she may need to escalate it on her own.Good luck.
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