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Do solos get to write off pro bono work at all?
Any contract family law attorneys in Kentucky?
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I recall this happening at my firm. Client didn’t bother to show up at the hearing. Opposing counsel didn’t oppose us leaving. Judge granted the motion. I didn’t hear of any grievance being filed. But we ended up having to file the motion and it was heard at the next motion date. The court required me to serve the client with a copy of the decision and motion and provide proof that I’d served the client with the decision, order, and motion papers.
Judge also adjourned in the middle of the hearing for 1 hour to tell me to call the client to see if they were going to show.
I made sure to write a letter to attach to the proof of service and filed that online with the court explaining that I’d turn over the client file to substitute counsel should they retain one and included in the letter a list of legal aid organizations that may represent them and a number to an attorney referral service. The judge (upstate New York) seemed to appreciate that touch.
Similar procedure happened in one or two other instances where OC fired their client if I recall correctly. Client was no show. Judge granted it. Don’t know if there was a bar complaint, but I highly doubt it. OC would almost never oppose you leaving the case (why make it harder for them to win? Unrepresented parties are easy for them), so they probably won’t file any papers with the court or may file a letter saying they’re fine with you leaving.
Where I’m from, I’d be surprised if the client even bothered to show up to the hearing. Just check ethics rules and opinions re confidentiality and privilege to see what you’re allowed to say in your motion papers without violating privilege.
Now I’ve been told by a lawyer who’s been practicing for 50 years that it’s much harder to get out of family law and criminal cases even if the client hasn’t paid you a cent in 3 years and/or refuses to participate in their own case than it is to get out of like regular civil litigation.
Not sure what your situation is.
Thank you, very helpful! It’s for a PI matter.
I represent solo and small law firms as outside General Counsel, it’s a major problem. I recommend trying to obtain a release in exchange for waiving fees. There’s not much you can do about a grievance but not delivering on services isn’t generally a breach of any ethics rule. Feel free to DM me if you’d like to chat further.
Thank you!
Write a comprehensive representation agreement that compels a [former] client to obtain successor counsel or sell represent upon (1) nonpayment or (2) breakdown of professional relationship. I have had to go to court and explain why a continuance of a hearing is necessary because of the breakdown of professional relationship, which is an important part of client representation under the Rules of Professional Responsibility.