Monday, January 7, 2019

Attorney Doesn't Know the Law

Several times over the last few years a client wants to go to counseling instead of going to court.  There is a little known law that can force one's spouse to go to counseling before obtaining a divorce.  Most attorneys do not know about the provision and misinform their clients that they have no option in regards to forcing a counseling session.  I agree that forced counseling would rarely be successful but I also do what my clients want after they are informed and have had to argue, successfully, with several attorneys that there is a basis for forcing the parties to go to counseling.  Most often that results in a voluntary trip to the counselor and sometimes in a repair or improvement in the relationship.

Attorney refuses to withdraw from case

An attorney represents a debtor in a collection action.  After the matter is settled and a judgment entered against the debtor, his attorney refuses to withdraw.  That means the attorney for the judgment creditor cannot communicate directly with the debtor due to ethical rules. The debtor asks for the balance on his account and to speak directly to the attorney for the creditor.  The attorney representing the debtor is sent summaries of all payments including the balance owed but the creditor's attorney cannot respond directly to the debtor.  Notice of withdrawal documents are provided to the debtor's attorney but she still does not withdrawal, and given the questions of the debtor, she apparently doesn't pass on information to her client.