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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38773
Experience:  I provide family and divorce law advice to my clients in my firm.
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Going through the divorce process and then attempting to divide

Customer Question

Going through the divorce process and then attempting to divide community property, the two parties each have their own attorney...the process drags on for over two years, divorce part took 10 months. During the battle for division of community property, it is discovered that one of the attorney's should not have represented one of the parties going through the divorce process and separation of community property, reason being is the attorney had represented both parties while married 10 years before in a temporary custody case for two grand children. When the opposing attorney found out, brought this point up before the judge...and the judge got the other attorney to volunteer to with draw from the case. questions , and this is in Louisiana , should not the attorney who represented the married couple in a prior custody case, known he was not eligible now to represent one party against the other. and not even started, the damage done was there was a sizeable amount of attorney fees incurred , because the process dragged on unnecessarily.....Nick R.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

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 He should have withdrawn, or at least obtained a waiver from the other part stating that as the cases are completely unrelated, that party has no issue with this attorney providing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.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38773
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 7 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


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

Expert:  Dimitry K., Esq. replied 1 year ago.

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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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.