Can a lawyer quit in middle of a case at last minute because of church affiliation?. Is there grounds for legal malpractice?

Asked 12 months ago - Coudersport, PA

the child involved goes the lawyers church and my lawyer's wife is also a lawyer and the Sunday school teacher. the child told Sunday school teacher she did not think it was right her law firm was taking her to court so my lawyer quit at the last minute before going into mediation and it had to be rescheduled and new counsel obtained and cost double the money.

Attorney answers (1)

  1. Robert Miller

    Contributor Level 17

    Answered . Fro my understanding of the facts, the lawyer discovered facts which could possibly cause bias, and/or create some conflict which would call into question any subsequent representation, and he probably did the right thing by withdrawing to avoid even the appearance of impropriety.. He should try to do all possible to assist a smooth transition, assisting any new lawyer with what he has so as to avoid as much duplication as possible. This would not be malpractice unless the lawyer was aware of the facts at the time of initial employment, which would be a different issue altogether.
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    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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