I have a question my brother had an attorney that submitted an appeal but then did not complete it the court of appeals needs a docket writing. He fowarded my brother a letter stating that he would not longer be representing him however, I emailed the attorney because I have power of attorney in his email he indicates that he perfected his appeal and that if anything is missing that the Court of Appeals in New Mexico would have contacted him, he also states that if the Court of Appeals allows him to be released from the case then he would exist it. However, this same attorney sent a letter to my brother indicating that he no longer would be representing my brother. When speaking to the Court of Appeals clerk the clerk stated that it is not there job to look after what the attorneys are missing or not missing.My question is first of all is it the Court of Appeals job to inform the attorney of any missing paperwork or is not. Second of all would the Court of appeals state or decide for the attorney if he can be released from his case.What illegalities if any has this attorney faltered or code of ethics.
While any court, federal or state, at any level (trial, appeals, or supreme) may decide against a party due to an improper filing or a failure to properly file all required documents, courts do not normally indicate or tell a party or an attorney when they have made filing errors or failed to file proper documents or have any documents missing. Normally attorneys must ensure that they have properly filed all required documents and materials.
After a case has been filed with a court, however, courts do normally have to decide whether or not to release an attorney from the case. Only rarely would a court decide not to release an attorney who wants to go, as courts prefer not to force an attorney to represent a client, but it can happen. In a hearing determining whether a court will release an attorney both the attorney seeking to be released and his/her client normally appear and state their cases, whether or not the client agrees or does not with the release.
Attorneys are normally expected to have full knowledge of what they are required to do and understand the law they are practicing. A failure to have such knowledge may be a violation of ethics. A failure to properly represent a client may also be a malpractice issue and an ethical violation. In the state of New Mexico the Office of Disciplinary Counsel takes calls from consumers who feel they have been improperly or unfairly treated by an attorney and provide information and assistance with such matters. They can be contacted here.
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