Legal Question in Legal Malpractice in Louisiana
Abandonment
I retained a Louisiana attorney to represent me in a retirement property dispute with my ex wife. He requested and I paid in full a fee of $3000.00 at the beginning of the case. A judgement was issued on April 5, 2001. However, the case is not completed. A complication has arisen with the transfer of funds. My ex wife's attorney this week called and threatened to file a contempt charge for reasons I am unclear about. I contacted my attorney who advised me, he would write a letter to her attorney requesting information concerning the problem. I received a letter today from my attorney-a copy of a Motion and Order to withdraw as Attorney of Record. NO explanation or reasons cited. I do not owe any money. In fact, he has NEVER provided me with any type of statement describing his charges or itemizing my account. I have no idea what time or effort he has put forth. Would this possibly constitute abandonment? What are my options at this point?
2 Answers from Attorneys
Re: Abandonment
You said a judgment was rendered in April but there was a problem with the transfer of funds. You do not explain what the "problem" in the transfer was. If it was your fault, which it sounds like since opposing counsel threatened a contempt rule, then your attorney can't be held liable. However, since it is highly improper for opposing counsel to contact an opposing party who is represented, I get the feeling that everyone has had a problem contacting your counsel. Whatever the true facts are, if you wish, contact me and I can be more specific when I know all the facts. Also, if you wish to e-mail me, I would like to know in what Parish your suit is filed.
Re: Abandonment
You are entitled to:
(1) a detailed statement of the charges against your initial retainer showing work done/hours charged;
(2) an explanation of why your attorney wishes to withdraw and a precise update on the status of your case.
Write a letter expressing your concerns and requesting the above. Keep a copy. Send it certified mail, return receipt. Set a deadline for a response.
If you do not get satisfaction by the deadline, contact the Bar Association and make a complaint. You will soon get results in this event.
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