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Can a attorney continue to work on a case, if she/he is told no need to represent and to correct incorrect info, but does not?

New York, NY |

Attorney worked on the case even though the information was not proper of the defendant(client) and the attorney was told to correct the information (the name and citizen) of the defendant more than once. Also the attorney was told no need to represent before and after she was told. All this said, the attorney continued to represent the case by her self. Attending the court. Can she be liable for her actions? Is there a solution for the defendant (the client).?

Attorney Answers 4


  1. Lawyer is responsible to act professionally until they are either fired or seek to be relieved by the court.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. You can dismiss an attorney you retained at any time and for any reason. If an attorney is misrepresenting that despite your informing the attorney of such, you should complain to the court and the state's disciplinary committee.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  3. Agree with everything above - you always have a right to speak to a new attorney and have them take over your case if you are dissatisfied your current attorney.

    Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.com). The answers posted herein are not legal advice and does not create an attorney-client relationship.


  4. Been there done that.

    Remember that the attorney not only owes you a duty of loyalty and has to represent your best interests, there is a court that requires certain behavior too. You can't just tell your lawyer she is fired. The court may not believe it.

    when a client tells me I'm fired, I send over a consent to change attorney immediately. If the client refuses to sign it, that means the client is placing me in a limbo status. I am stuck in the case because of court protocol, but I am being isolated from payment and from information. That breakdown in communication serves as a basis for a motion to be relieved. That delays a case to no end and I am astonished some clients choose to follow this path.

    As for "incorrect information", I get accused of providing "incorrect information" all the time. The opposing parent says she is on "disability" and my client tells me "she is not." If I don't buy in to my client's version of the facts, I am providing "incorrect information" even if that fact is irrelevant to the case at hand (a family offense petition, for example). Without telling us more about the incorrect information your attorney is providing, there is little we can say.

    GOod luck.

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