Can I sue my husband’s attorney for quitting on him for no reason on a criminal case? 4 Answers as of August 28, 2013

My husband has a criminal case and his lawyer quit over the phone, when I called her in the morning asking why he was in court, which he wasn't supposed to be in court that day. She just quit over the phone for NO REASON and she quit not knowing why he was brought over to the courthouse. Telling me that this is ridiculous and why I'm calling early in the morning (after I asked her why he's in court) and that she's not representing us anymore. I wasn't going to have my husband represent himself in court by himself so I had to call another lawyer since she quit on us and I didn't know what to do, what other choice did she give me? So after this, she calls me back, AFTER she quit on me and tells me he was brought over as an 'error'. Well first time when he was supposed to be in court, he wasn't called to go to court and the lawyer told me that there was an error and second court date she was late and the court date had to be postponed and I have these text messages from the beginning when I retained her and throughout. I want to sue her for quitting on us and I gave her more than half of her money and she put me in a financial ditch. The day before she quit, I told her specifically over text message that my husband does not want to hire another lawyer and that he was only looking for a second opinion on his case because she doesn't inform him and leaves him in the dark. Throughout the text message conversations, there is no professionalism and she only shows neglect, time and time again, irresponsible, she claimed she offered certain type of services which were never available. She claims that she has done work for my husband’s case by texting me every time I text her to make up for her failure of any work that wasn't done that's forthcoming and she has the nerve to tell me that I owe her money, AFTER she quit. Can the judge allow a polygraph test? She DID quit, on the day my husband was brought over to court, and she quit NOT KNOWING WHY?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Until the judge signs an order allowing her out of the case, she is still your husband's lawyer. She can't just quit.
Answer Applies to: Michigan
Replied: 8/28/2013
Criminal Defense & Civil Litigation, LLC | Michael C. Witt
An attorney on an active criminal case must seek and be granted permission to withdraw from either the client (your husband) or the Court. If?the lawyer?is already off the case, she got that permission from one, or the other. If that permission was granted by the Court, some reason for the request must have been stated, and accepted by the Court. Whether or not the lawyer can successfully collect additional monies she claims are owed is a separate question that will depend upon the terms the fee agreement, your obligations, if any, under that agreement, and whether or not she can document the performance of the work she claims to be entitled to payment for.?If you are not the client, your satisfaction or lack thereof with regard to her communication with you may not be directly relevant to either question. Start by reviewing the terms of any written fee agreement that was signed. If there is no written fee agreement, then the lawyer will have an uphill battle trying to collect.
Answer Applies to: Wisconsin
Replied: 8/28/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The judge will NOT order a polygraph, because your poor selection of an attorney will not turn into the judge's problem.
Answer Applies to: Georgia
Replied: 8/28/2013
Attorney at Law
Attorney at Law | Michael J. Kennedy
An attorney can't "quit" without judicial permission. And any action against an attorney would be by the client, not his wife.
Answer Applies to: California
Replied: 8/28/2013
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