Legal Question in Family Law in Maryland
Complicated......
Can a lawyer quit on a case - A person's divorce was granted there is child custody cast still unresolved. He is living another person & has someone else he is involved with, he claims is worked related to the lawyer. The lawyer in this casetold him that the ''someone else'' person is not allowed to call or come up on the phone list, nor is he to be seen with her, etc. don't understand why, if the divorce is final then he free to see whom he wants. The ex may still want to prove the work relationship is wrong. This other person called& the number came up on the phone records,the lawyer pulled the phone records & last week has resigned to represent him in the case. He is without a lawyer.Can he be charged with contempt of court if they prove that ''this person'' is not work related and a more personal relationship - if found in contempt for lying that it was work related & not, would he go to jail for 60 months? Wonding if someone is spinning a story and don't know how to find out the truth. Thank you for your time & for your help to shed some light into this......
2 Answers from Attorneys
Re: Complicated......
The facts you have presented in asking your question are very complicated and I do not understand the situation you are trying to explain, but the answer to your question is simple: Yes, a lawyer can resign from representing a client. He does have to give a reason and have the approval of the court to quit the case before it is concluded, but the reason could be that a conflict of interest has arisen, or that the client refuses to listen to the advice of his attorney or communicate with him, for example.
Re: Complicated......
The facts as stated are quite sketchy and difficult to follow.
The short answer is Yes, an attorney can withdraw. Where the attorney
has entered an appearance, he/she may withdraw with permission of the court.
Where no action has been filed or the action as filed is concluded, the court's permission is not required.
It never ceases to amaze me that there are certain people who feel an attorney
is bound and required to labor on their behalf without being reasonable and paying for the service.
Most civil actions, and divorce and custody are civil matters, provide liberal leeway for an attorney to withdraw.
An attorney's withdraw is more complicated with criminal matters. Non-cooperation, refusal to follow advice, conflict of interest,
health concerns, and other reasons may justify an attorney's withdraw.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
