Legal Question in Family Law in Maryland

Re: Attorney dropping case for personal reasons

I generally agree with what atty Holthaus said in his reply. However, let me suggest that, if she hasn't already mentioned it, you ask the departing attorney to make herself available to your new attorney to "bridge the gap"--i.e., fill him or her in on any issues that aren't clear from the file, so that he/she can get up to speed more quickly. I suspect she'll be willing to do this, especially if your account with her is up to date at this time.

Re: Attorney dropping case for personal reasons

I agree that the situation may not seem fair to you. However, to hold her in perpetuity with representing you would not be fair either. An attorney has an ethical code of conduct. This includes zealous representation and other requirements. If there is not an action that is pressing at the moment for which the attorney contracted to provide you service then there would be no requirement for the attorney to continue representing you. In certain cases an attorney is required to continue representation until severance of the client relationship is approved by court (e.g., criminal charges, civil cases where a line entry has been entered and the case has significantly matured, etc.)

It is unfortunate that custody cases can go on for many years but this is more a direct result of an inability between you and your former spouse to agree rather than an attorney not continuing to provide services beyond the contracted services. If, on the other hand, the attorney is not providing the service that was contracted and there are no other extenuating factors involved, then you may have an issue regarding breach of contract or some other matter.

An attorney's compensation to "get up to speed" is part of the representation. How efficient an attorney is depends on the individual attorney. You should, at a minimum, obtain your file from your prior attorney and provide this to your next attorney. You may also want to take time to prepare summaries and organize the information to minimize your costs with review.

You may be able to negotiate a reduction but it appears that the situation is such that damages do not exist. Your basis for a reduction would likely be limited to equity and fairness as there does not appear to be any contract issue. You should contact an attorney should you need assistance with this matter.