Legal Question in Family Law in California
Hi there . . .
My Sister has conveyed to me that her attorney is utilizing an array of unorthodox methodologies to induce her to release him from the case.
I haven't all the specifics but the details conveyed to me leave me concluding his actions are nothing shy of illegal.
I'm seeking the black and white cut and dry that must be written into law (I would think) that governs these types of scenarios.
I know my Sister (is not) the easiest to converse with and I'm assuming the intent behind is actions are driven by this.
Never the less . . I do not believe his tactical interaction with her to be remotely legal and completely unorthodox for an attorney under any circumstance.
Please let me know if there are any protocols to rely on when your attorney . .
is trying to induce his client into releasing him from the case via . . .
bribery with a reduction in fees owed . . .
blatantly voicing/siding with her husbands bashing statements like "even your own family and friends have cut you off . . . "
Making a blatant mockery out of the responses he's been preparing post his obvious desire and request to be released from the case. She's had to rewrite them herself. Tomorrow she'll have to personally ask (attorney won't) for an extension because she must rewrite his prepared response . . .
The case is four years in the running and nearing it's end and she can't financially secure another attorney with a new retainer at this very moment
It's not a case of his being incompetent . . he's just made a personal decision based outside the case itself.
He's not shy of high paying clients which is the only reasoning I can assume with for a businessman to choose an about face to any (paying) client.
There's more . . . but I guess my bottom line question is . . .
What if an attorney just decides to quit (via effort) based on personal choice and then actively tries to get himself fired/legally released from case by the client he contractually engaged with ?
I don't know who's responsible for the apparent squabble . . . but does it matter?
She's panicking now and desperately trying to protect the best interest of her beloved autistic son/my nephew :)
Thank You
Thank You
Thank You
2 Answers from Attorneys
Bribery is not at all legal. What if there will be circumstances when the attorney has to leave the case. If your sister can bribe then why not the other party. These are such things which you can't hide for a long. If the case got re-opened in future then your sister has to pay more than she actually has to. So, I would suggest to avoid.
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Ms. Hernandez is completely wrong. She is also not an attorney and is illegally posting answers here.
There is absolutely NOTHING illegal or unethical about an attorney offering to discount their fees to be allowed to withdraw from a case with a client they are having issues with. In fact that would be quite reasonable and normal, since it would compensate the client for having to pay another attorney to get up to speed on the case.
None of the other things you describe are illegal either, nor are they ethical violations as best I can tell. Bad client service, yes. Selfish, probably. Rude and insensitive, most certainly. But illegal or a violation of the ethical obligations between attorney and client? I don't see any.
Offering to reduce fees is HIGHLY ethical. It is a GOOD thing.
"Siding" with the "other side" is often an OBLIGATION of the attorney, in private, when his client needs a dose of reality (which it sounds like your sister may).
As for the "responses." I don't know what the responses are too, but I can assure you that many clients, especially ones having an emotionally difficult time, or who are high strung, or high maintenance can be incredibly frustrating to work with when responses to discovery or motions are due. Sometimes even after explaining over and over what you need, the client gives you - pardon the French - nothing but merde, and it drives you nuts. In the very best of worlds, you simply never let it show and just find a way to get the job done. But in reality sometimes you just have to lay into the client and shove it back on them to deal with the shortcomings, in order to keep your sanity.
The fact of the matter is that it is highly unlikely that the attorney is trying to get fired. Unless he has a VERY unusual retainer agreement, it says he can just quit, as long as he does not jeopardize her case by quitting a few days before a hearing or trial or something like that. The attorney/client relationship is a very personal one, all the more so in Family Law. So both need to have the right to get out if the relationship is not working out. Lawyers are people too, and we are not obligated to work for people we can't work with effectively and without bringing great unpleasantness into our lives. As a profession we bring your unpleasantness into our lives and try to solve it for you. That is tough enough. When the relationship with the client becomes a new source of unpleasantness on TOP of the unpleasantness of the case, it sometimes becomes too much to deal with. Attorneys are not obligated to keep working for clients once that happens.
The bottom line, though, is that if he wanted out of the case, he probably would just get out. Which brings me to your last question. Does it matter who's responsible for the break-down in the attorney/client relationship? Damned straight it does. If your sister is the source of the break-down in the attorney/client relationship, he has a right to quit, whether she fires him or not, and he may well do so if she is the problem and doesn't change that.