QUESTION
If attorney ends representation, is he required to send a letter certified? As well, send all case files to the client?
Asked on Feb 11th, 2013 on Litigation - Nevada
More details to this question:
Attorney representing me from Aug 2011 said he ended his representation for me months ago but I never received a letter or my case files back. He did not appear for a motion, which the defendant’s attorney mailed to him. Ultimately, my case was dismissed with prejudice. He states he told me he could not represent me. I still have a lawsuit pending (same issue) which expires in a week but the attorney whom I have a contract with is not responding to me. I also found out he has never been licensed in my state.
15 ANSWERS
Ronald A. Steinberg
Contact a legal malpractice attorney immediately.
Answered on Feb 13th, 2013 at 6:59 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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He does not have to send a certified letter, but should communicate to you that his representation has ended. If a case is pending in court, in most courts, the attorney must serve a motion on you to be relieved as counsel on your case.
Answered on Feb 13th, 2013 at 9:36 AM
John J. Carney
If the attorney is not licensed he cannot represent you. He might have split the fee , but that should have been divulged. He has to return the file if you ask for it, but no letter is required.
Answered on Feb 13th, 2013 at 9:36 AM
Michael J. Breczinski
He is not required to send a certified letter but the big problem is that he was not licensed to practice in you State. It is a crime in most States to practice law without a license.
Answered on Feb 13th, 2013 at 9:35 AM
Elder Law Attorney serving Aventura, FL
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Elder Needs Law, PLLC
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Sounds like you need to find a professional malpractice attorney to evaluate. Good luck to you.
Answered on Feb 13th, 2013 at 9:35 AM
Christian Joseph Menard
Once an attorney ends representations, you should send him a letter requesting your complete file, as the file belongs to the client. If the attorney ignores your request, contact the State Bar and file a complaint against the attorney for his failing to return your file. Someone who represents himself to be attorney, but is not is guilty of a crime. Report him to the State Bar and the local district attorney.
Answered on Feb 13th, 2013 at 9:35 AM
Edwin K. Niles
If he is not licensed in your state, you should report it to the state bar association, and find another lawyer ASAP.
Answered on Feb 13th, 2013 at 9:34 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not clear how many attorneys you are asking about or even how many questions you have. The attorney is required to give you your file if you ask for it. nothing has to be sent by special mail when he withdraws, after he withdraws he should advise you of any hearings that are set or papers filed with him. if your attorney is not licensed he is not an attorney
Answered on Feb 13th, 2013 at 9:33 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Whether the letter was certified is the least of the concerns. If he wasn't licenced in your state, that is the unauthorized practice of law. Have you gotten a new lawyer yet? If not, that is your highest priority in order to get the rest of this straightened out.
Answered on Feb 13th, 2013 at 9:33 AM
James Eugene Hasser
You need to get a lawyer, pronto. I would ask the lawyer on the other side if they would give you time to find another lawyer. Whether the other lawyer agrees or not, I would also ask the judge for time to get a lawyer. You need to do it right away before the time runs. I would also call the bar association and report your old lawyer. Don't worry about getting the file just yet. Your new lawyer can do that for you. Good luck.
Answered on Feb 13th, 2013 at 9:32 AM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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The answer is no to both questions. Under ethics opinions here in Michigan the file is his property.
Answered on Feb 13th, 2013 at 9:31 AM
I am a little confused, how do you have a case pending if your case was dismissed with prejudice. If the attorney was never licensed to practice during the representation, he might be liable for fraud as well as being criminally liable for practicing law without a license and holding himself out as an attorney. You should contact an attorney to discuss what action if any can be taken against this "attorney" and if there is any way to salvage your underlying matter.
Answered on Feb 13th, 2013 at 12:58 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The termination letter does not have to be sent certified. If you owed the attorney money, he can keep the files until he is paid. On your other case, contact the State Bar of Idaho and get a referral.
Answered on Feb 13th, 2013 at 12:45 AM
Toxic Torts Attorney serving St. Louis, MO
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The Gogel Law Firm
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An attorney cannot withdraw from your case without the consent of the judge. If your attorney caused your case to be dismissed, you may have a legal malpractice claim.
Answered on Feb 13th, 2013 at 12:32 AM
First, you should hire a new lawyer to look into the status of your case. Even though it was dismissed with prejudice, you might be able to reopen it under the circumstances. If you have a statute of limitations expiring in a week, the new lawyer needs to address this issue immediately. You should also contact the State Bar of Nevada and make a complaint against the prior attorney, and the bar organization of the state in which he is licensed. You may have a lawsuit against him, too.
Answered on Feb 13th, 2013 at 12:15 AM