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If your daughter is not satisfied with this attorney she can certainly terminate the representation. If he is looking to withdraw from the case, and he is planning to do so at this hearing, she needs to make sure to request that the court delay any proceedings for at least 30 days so she can find another attorney to represent her.
If she has paid him fees that he has not earned, then she also needs to request that these be returned to her immediately. He may try to say he has used her retainer, but she needs to demand an accounting for his time and he will have to produce it (not necessarily right there, but within a few days).
I am sorry this attorney has not met your expectation and it is frustrating to deal with this, but sometimes it is best.
If he did not issue subpoenas for the husbands records or file a motion for these recoreds, then your daughter can certainly try to address this in front of the judge however, the judge may cut her off and tell her it is not the proper time to discuss this.
If she could find another lawyer to go with her on the 3rd to take over the case and address the issues of the outstanding records that might keep the case on course and prevent another month going by with her husband getting away without having to produce his records.
One thing I can tell you that is very important. Your daughter needs to be cool, calm and collected in dealing with this especially in front of the judge. Otherwise, she may be portrayed as emotional, overwrought and demanding and thus possibly having the judge form an inaccurate opinion of her and her case.
I wish you the very best.
Thank you again for trusting us with your problem. Good luck and Godspeed.
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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.
DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.