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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We currently have two cases pending against our sons school

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We currently have two cases pending against our son's school district - one in federal and one in state court. The cases have been ongoing for almost three years. Our attorney has been less than adequate in dealing with the cases. We make our monthly payments to her and are not behind, not have we missed, any payments. Three weeks ago she sent an email to all of her clients stating that she was giving serious consideration to dropping all of her cases and not practicing educational law in the state of Missouri any more. She stated that we needed to find new representation by the next week. I have checked with the court and she has not asked to be dismissed from either case yet, and was informed by the judge's clerk that she probably would not be allowed to withdraw this far into the case. We have been trying for the past three weeks to find another attorney anyway. We are unable to find one that will take the case and/or that we can afford. Our attorney has quit giving us advice on how to handle legal matters that are coming up with the school. She asked me to send the school a letter stating I would be seeking private placement for my son - so I did - after she approved it. I received a threatening letter from the school in return. I forwarded it to our attorney by email asking her how to respond and she simply stated "I don't really know how to respond to that" and wouldn't tell us what to do. I had to just do what I thought was best because she would not give us any advice. We received another letter from the school Friday requesting a meeting on Tuesday. I forwarded the letter to our attorney and she didn't respond. I emailed again this afternoon and this evening received an email from her tell me that she was "unable to represent you in any on-going issues with the District." I have no idea what to do. I don't feel comfortable meeting with the school without our attorney.
Thank you for your question. Please permit me to assist you with your concerns.

This is a serious situation. Have you contacted the courthouse over this? When is the hearing in court over this? Have you contacted the county bar association?
Customer: replied 3 years ago.

No, I haven't contacted the courthouse except to see if she had asked to be removed from the case. The trial is the second week of January but we have depositions next week. I haven't contacted the bar association.

Thank you for your follow-up, Kathleen.

It is very strongly suggested that you contact both the county bar association and the courthouse over this. Not providing you with representation when you have paid your bills ND there is no formal withdrawal in place can be considered legal malpractice as well as a an ethical violation. The reason I suggested both contacts is that the judge may choose to weigh in and formally compel her to provide you with further assistance on the court's front, and the bar association's disciplinary board can research this and potentially pursue a formal complaint against her over these violations and denials of service. The latter can possibly permit you to file the grievance and likewise seek compel demands to assist you, or possibly sue her and her malpractice insurance for losses that you are suffering based on her refusal to represent.

Good luck.

Customer: replied 3 years ago.

Can I share the emails with the court or is that inappropriate?

Thank you for your follow-up.

You can share your attorney's responses, but the actual subject matter is likely inappropriate. Any communication you have is ultimately protected unless you choose to cancel the communication BUT the judge does not want to be tainted by specific factual information that may affect his ability to reasonably rule on the case.

Hope that clarifies.

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