Legal Question in Family Law in New York

I secured a Lawyer, paid the retainer in full / signed the agreement, prior to the 1st court appearance of my child custody case. Lawyer #1 represented me at the 1st court appearance, at which time a 2nd court appearance was scheduled for 2 months out. 1 week prior to the scheduled 2nd appearance I made numerous unsuccessful attempts to contact Lawyer #1. 3 days before the 2nd appearance I am finally able to speak to Lawyer #2, owner of the firm, who then states that Lawyer #1 has been fired & will no longer be representing me & that he/she will be taking over my case. Lawyer #2 represented me at the 2nd appearance, which resulted in the scheduling of a 3rd appearance. Immediately there after Lawyer #2 states he will be withdrawing from the case because he knows someone involved. Help!


Asked on 10/06/10, 12:43 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

Look at your agreement to determine if you are entitled to some of your retainer back. However, under normal circumstances, an attorney doesn't withdraw simply because he knows opposing counsel. If he knows the opposing party, there may be a conflict. Therefore, withdrawal would be appropriate in the latter case.

In any event, you should obtain replacement counsel as soon as possible to represent you in the case.

Also licensed in New York.

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Answered on 10/11/10, 12:50 pm


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