Have Legal Questions? Ask a Lawyer Now.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).