Legal Question in Family Law in Minnesota
What do you do when your attorney quits 3 weeks before trial?
A custody hearing (non-marital) is on June 11, 2002. The plaintiff's attorney accepted a $2,000 retainer at the commencement of the suit and an additional $1,000 cashier's check on May 20, 2002, presumably to go to trial. On May 21, 2002, the attorney left a voice mail message for the plaintiff resigning from the case because she felt the plaintiff needed ''a more aggressive attorney.'' The plaintiff does not have enough money at this point to retain new counsel before the trial. There was no outstanding balance in dispute to offset the $1,000 paid on May 20, 2002. The plaintiff is basically left high and dry - can he represent himself at this point? Or should he retain other counsel? What are his options?
1 Answer from Attorneys
Re: What do you do when your attorney quits 3 weeks before trial?
A lawyer has a professional duty to withdraw from a case only when the client has sufficient time to hire new counsel. Your attorney should have requested a continuance before withdrawing. You may make a complaint to the Board of Professional Responsibility. However, that will not help you with your current plight.
there is no doubt that custody proceedings are costly. A retainer is an advance on legal fees and does not represent the total cost of the case. If you review the retainer that yuou signed, I am certain that it will indicate that fees over and above the retainer will be due when accrued. Accordingly, an attorney does not have an obligation to continue representation if that attonrney has not been paid. The attorney must, however, withdraw in a fashion that does not significantly impair the client's ability to hire new counsel.
Your options at this point are to:
(1) Hire new counsel;
(2) Seek a short continuance and hire new counsel;
(3) Represent yourself
You may visit us online at http://www.divorceprofessionals.com
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