A Federal Agency having records in their possession that are not accurate and has refused to correct them going on 3 years now. I have an attorney representing me to make them correct them. The United States Code says that you have the right to sue the agency and the employee who refused to correct the record in district court for any money or benefit that you lost because of their refusal to correct the record as a remedy. This attorney says that he will help me get the agency to correct the record but he doesn't have to sue them for me because they refused to correct it if he doesn't want to.. Isn't he obligated to represent my rights and remedies in the matter? He can say he doesn't have to represent me in the remedy if he doesn't want to?
1 Answer from Attorneys
The tasks that an attorney will or will not do are a matter of agreement between the attorney and the client. The attorney has the right to refuse to bring a lawsuit on a client's behalf, even if he or she agrees to help the client on a related project. You, of course, are free to find another attorney to handle the lawsuit -- or even to move both projects to a new lawyer who agrees to handle them both.