Legal Question in Family Law in Pennsylvania

Re: Retaining an Attorney

Well yes it is. That said he should have checked before taking the retainer and filing the papers.

Because under the rules he can not represent you, should return most if not all of his fee. The filing fees have been spent and you do have the case in the courts so that won't be returnable. He will have to file with the court to withdraw his representation of you. So he is going to have to look less than competent in public. In addition to refunding the unearned portion of the fee he should help you find a lawyer who will finish the job for what he refunds you.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Re: Retaining an Attorney

You asked about an attorney who backed out of your case.

In many cases the rules of professional conduct dictate the actions of lawyers.

In this case it sounds sort of questionable as to why didn't the attorney realize the conflict immediately. Further, just because he spoke with your husband does not mean that a conflict was created. But I don't know the particulars.

Look on the bright side, since the attorney had a conflict that pre-existed the entire transaction he should owe you a refund of the entire amount paid. In other words, the conflict prevents him from accepting any money from you including any money for the work he already did.

Find another attorney and get back to work.

Regards,

Roger