My ex is very difficult and i usually have to deal directly with his attorney to get anything handled. I have not received anything from her stating she is no longer representing him even though we havent had anything go on for some time. Doesnt she still legally represent him until she signs off through the courts stating she is no longer representing him? I am getting the runaround as to if he is still being represented.
2007-07-20 10:28:54 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
First, i do not have an attorney. His parents have paid for his. While pulling up current court info, it still shows her as his attorney. I only need to certify mail something to him and dont have an address for him, so i simply wanted to send it to her, being it involves a court matter with our child. I just need to know if she is still representing him, im not trying to "chat" with her. We were never married. No divorce just child custody issues.
2007-07-20 11:09:29 · update #1
YOU should not be dealing directly with your ex's atty. Your atty should be dealing with your ex's atty.
You are hurting your case and undermining your own atty.
Edit - mail it to the last known atty until you get notified of a change.
2007-07-20 10:51:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Attorney representation is usually for a particular task - like procuring a divorce, or representing a person in court on a particular charge. Once that task is complete the representation is over.
Attorney's can continue to represent a person for future issues, but that is called being on retainer and the client is usually required to pay for that privilege.
In most cases the only time an attorney must go to court and get permission to withdraw from representation is when that task the attorney was hired to do is not completed. Many courts will allow attorneys to withdraw if the client ceases to make payments or if the client indicates that they do not want that attorney representing them.
2007-07-20 17:42:34 · answer #2 · answered by CatLaw 6 · 0⤊ 0⤋
An attorney represents a client until one of three things happens.
The client terminates the relationship, or the attorney requests to be released. If the matter is currently pending before the court, the court must approve the request by the attorney. If the matter is not currently in court proceedings, the attorney just notifies the client.
And the attorney is legally and ethically required to answer your question about whether they still represent the client.
2007-07-20 17:33:40 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
If an attorney has undertaken representation of an individual they are supposed to notify all parties involved that they have withdrawn from the case. If the case is actually in litigation before the court they are also required to ask the courts permission to withdraw from the case in the form of a "Motion to Withdraw". Litigation often goes through slow periods and she is under no obligation to talk to you anytime you want to talk. She may very well still represent him, she just might have no reason to want to contanct you at the moment.
2007-07-20 17:38:16 · answer #4 · answered by New Dog Owner 4 · 0⤊ 0⤋
I gather the divorce action is on-gong. If there is a change of attorneys, you or your attorney will be notified by the court.
Call the attorney and ask if she still represents him. I she does, question answered. If she doesn't, contact the court clerk.
2007-07-20 17:39:45 · answer #5 · answered by OrygunDuk 3 · 0⤊ 0⤋