Legal Question in Family Law in South Carolina
Conservertorship Question and Ethical Attorney
I am asking this question on behalf of my mother who is going to court over my grandfather who lives in Lancaster, SC.
My mother's sister is suing her seven brothers and sisters (which includes my mother) for conservertorship over my grandfather. She already has Power of Attorney so not quite sure what the difference is. My real question however is that the attorney representing the seven brothers and sisters (which includes my mother) has said that he thinks the judge will award my aunt conservertorship therefore wants to refund partial fees to all brothers and sisters, however he is doing this two weeks before the court date and now my family is going to court unrepresented. In addition, my aunt who is suing for conservertorship had a letter my mom wrote to her attorney that was to be delivered to the judge.
What can my family do? Is this ethical for a lawyer to drop a case right before they are going to court? Can the family get a postponement of the case so that they can find another attorney? Why would my aunt have a letter my mother gave specifically to her attorney?
I am very concerned with the way the attorney has conducted himself. Any advice you can offer will be most appreciated.
1 Answer from Attorneys
Re: Conservertorship Question and Ethical Attorney
The code of ethics may vary from state to state but I think the basics are the same. Did the attorney offer any reason for dropping your mother and sibs case? It sounds as if there may be some sort of investigation of the proposed conservator that is going to recommend that your aunt be appointed. If this is the case then the attorney may feel that it would be unethical to take your money for what is going to be a sure loss. As for the letter, if it was to be given to the court then the attorney had to provide a copy to the other side. Your mother can continue to keep a close watch over her sisters performance of her duties and can sue her if she believes she has acted improperly.
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