Can an estate lawyer who wants to retire, close his file on a family Trust that is not yet dissolved but would be in the next 5 months?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an estate lawyer who wants to retire, close his file on a family Trust that is not yet dissolved but would be in the next 5 months?
Asked on September 29, 2014 under Estate Planning, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The attorney cannot just close his file and abandon a client. He should either refer the case to another attorney or allow you to retain another attorney to complete the matter after providing you with a copy of your file.
Also, if this case is in court, he might not be able to withdraw without obtaining the court's permission. The rules on an attorney withdrawing from a case with the court's permission vary from state to state. If he is allowed to withdraw from the case, he needs to sign a substitution of attorney so that either you can be named as in pro per (representing yourself)until you retain another attorney who would then file a substitution of attorney taking over the case and becoming attorney of record.
In any event, he can't just close his file and abandon a client. If that is what he is doing, you should file a complaint with the State Bar.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.