my sister is involved a bad case. the father of her son (they arent married) in 2005 beat her up and took their child. because there was no custody the father was allowed to keep the child and didnt get charged. they went in for custody, restraining orders denied, and then he tried to rape her at a visitation trade off. afraid for her life and safety because she was getting no legal help she came out to me. i helped her secure an attorney for 1k. the attorney ended up knowing people in the case including the other attorney. after 6 months of the attorney not helping she removed her from the case w/o prejudice. the attorney never returned her evidence file which is extensive conversations, fraudulent bills, etc... about the things her ex has done to her and said. its a terrible case and now with her file stolen she cant get another attorney to help out without proof. how can we get the file back? can the attorney legally keep the evidence in california? help!
2007-03-23 17:09:23 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The evidence belongs to you. Call the state bar. I would get another lawyer as well. You probably need it for the custody and he knows how to get the evidence for you. I hope you have the inventory. YOu might have to file an ethics violation. Document request for evidence. Use the Fax. That scares the lawyers, because it leaves a paper trail. Makes sure you save records of the fax.
2007-03-23 17:18:32 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The attorney can keep a copy of the file and return the originals to your sister. Your sister should write the attorney a letter and keep a copy of the letter demanding that the attorney return her file to her before a specific date (1-2 weeks is more than fair).
Usually your attorney is better able to resolve the dispute if the attorney knows the other lawyers on the case. This is because the attorneys will be able to talk out the problem and resolve it more easily with cooperation and comraderie.
If you believe that your attorney failed to adequately represent your sister or that your attorney committed mal practice or behaved unethically, then you can report your attorney to your city or state Bar Association.
I'm not sure what "she removed her from the case without prejudice," means. This could mean that your sister's case was dismissed without prejudice so that your sister can bring the motion for child custody determination again to the court and start again ("without prejudice," usually means you're dismissed by having your case thrown or dropped out of court, but you can bring it again later if you fix some problems or obtain the necessary information.) But from the context of the story it sounds as if perhaps your sister's attorney withdrew from representation due to a "conflict of interest," or failure to pay the bill and stopped working on the case or that your sister "fired," the attorney and the attorney withdrew as representative from the case but that your lawsuit is still pending before the court. If your legal proceeding is still pending with the court, then you will need to retain a new representative or go without an attorney.
You can attempt to get some free legal aid because of your sister's dire situation. And/or you can attempt to get an attorney referral from your state or city Bar Association. Good luck!
2007-03-24 00:19:49 · answer #2 · answered by Cynthia W 4 · 1⤊ 0⤋
At the risk of sounding cold and uncaring.
Attorney's usually do not do this without reason. Usually an outstanding bill. If there is an outstanding bill, pay it. If not ???
I've seen this happen too many times. And usually with very bad outcomes, because the damaged party ran short of money before the hearing, and all evidence was under lock and key, and a &^% attorney's office.
2007-03-24 00:17:28 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Not in no state the lawyer has 2 give her the file after all she gave it 2 him.Threatenen him tell him you'll sue him & you'll put an ad in the paper about him talk with a different lawyer & I'm sure there are charges this guy can face it's Illegal what he did 2 her.Good Luck
2007-03-24 00:19:55 · answer #4 · answered by sugarbdp1 6 · 1⤊ 0⤋
Contact the California Bar immediately and speak to someone in the grievance section.
2007-03-24 00:17:31 · answer #5 · answered by legaleagle 4 · 1⤊ 0⤋
The first thing you need is a new attoney.
2007-03-24 00:18:26 · answer #6 · answered by Nikki :) 3 · 1⤊ 0⤋