Once the attorney realizes that he had actually tried a case against my ex-husband, shouldn't he have turned the case down? 1 Answers as of October 05, 2017

I retained an attorney to divorce my then-husband around the year 2000. My ex-husband subsequently remarried. He decided to divorce his wife and asked me if I could help him. I did not know any other attorneys except for the one that I used to divorce him so I went to that attorney to ask if he would take his case and he did. They met several times and after about the third time, my ex-husband mentioned to me that they remembered each other and what had happened previously when that attorney represent me, which was that my then husband was antagonistic towards the attorney's staff when he was having to sign the divorce decree to the point where they put up a protective window to protect their employees. Should that attorney have accepted that case? Consequently, in my opinion the attorney was not very diligent, was very negative, actually gave us some misinformation and didn't know information that he should have known regarding military laws. My ex-husband was terminally ill at the time and he passed away before his divorce became final. Although, I am the one who put them together, I did not tell either one of them from the beginning who the other one was. Especially considering the fact that my ex-husband made such a scene in his office at the time we were divorcing.

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Walpole Law | Robert J. Walpole
No, I would say that the attorney could take your ex-husband's case. The important reason is that the attorney was not taking any adverse action against you, his former client. Now that would be an important distinction. Sorry.
Answer Applies to: Oklahoma
Replied: 10/5/2017
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