Legal Question in Legal Ethics in Virginia
Attorney failed to meet obligation
Three years ago I retained attorney #1)using an engagement ring as collateral for a divorce, bankruptcy and personal injury case for my son. He moved out of state and assured me the new firm (#2) would represent me but he would maintain the personal injury. I picked up the ring so he could be paid and I took it to a jewelry store on consignment. The new firm (#2) wanted $725.00 up front for my bankruptcy, so I borrowed it.(#1)called me and told me to list him on my bankruptcy so we could move forward on the personal injury case.#2then told me I could not sell the ring until the bankruptcy was settled. I dropped off the $725.00 on August 4,to #2and called them last Friday and was advised that they could not represent me in the bankruptcy as there was a conflict of interest because #2 also has interest in #1.
Three months later I have no divorce, bankruptcy or personal settlement, and I am still unable to sell my ring. I picked up my $725.00 from #2 and I HAD to sign this release of Liability or I could not pick up my money. A third attorney wants $1125.00 Is there any recourse for me and can I fire the #1 from the personal injury case?
1 Answer from Attorneys
Re: Attorney failed to meet obligation
You can certainly fire the lawyer - a client can always do so. You may remain liable for the value of any services actually performed, but it sounds like you would be discharging that liability in bankruptcy. As for the extent to which the ring remains collateral, I would need more info. If #2 has not done anything on the divorce, you should be able to get it back.
As for claims against these lawyers, they are probably not worth pursuing, even if there was malpractice or a breach of contract, both because you probably have no cognizable damages, and because any such claim would be an asset of the bankruptcy estate, and not yours, once you file bankruptcy.
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