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Ethics

My divorce attorney called me at 1:15 am from a bar. It really confused me and I wanted my divorce took care of and done. I suggested to the attorney that he assign a different attorney in his office to my case because I believed it for the best. He ignored my request.

Additional information
I do like the personal interaction, that is why I believe it for the best to have a different attorney in the same office
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Attorney answers (2)

Reputation Level 19
If you are not happy with your lawyer's work and personal interaction then you should go to the firm and tell them you are firing them and why. You are entitled to the remainder of your retainer and your files to take another firm. If the firm refuses you should find another lawyer and explain the situation, and they should be able to get the files and a withdrawl and substitution signed so the case will get finalized.
Then if your files and reatiner are not returned you may file a grievance with the Bar.

Good Luck
1 person marked this answer as good

Reputation Level 20
Rule of Professional Conduct 1.8 (CONFLICT OF INTEREST: CURRENT CLIENTS: SPECIFIC RULES) provides: "(j) A lawyer shall not: (1) have sexual relations with a current client of the lawyer unless a consensual sexual relationship existed between them at the time the client-lawyer relationship commenced;"

An attorney violating RPC 1.8 can lose his license to practice law.

Unless your attorney works at a firm so big that he would have no further involvement in your case, he likely would still violate the rule if the case is assigned to another attorney and you two begin a sexual relationship.

If your personal relationship interferes with your legal proceeding, you likely will need to find another law office to take over your case.

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