Attorney's right?


#1

I’m not sure what question you are asking. If you have an attorney who is retained to work on your case, and you are asking the attorney to do something which they do not believe is in your best interests, it is correct and proper for the attorney to advise you against taking that action. If the attorney is engaged in representing you and you want to file your own court action outside of the litigation the attorney is doing for you, the attorney certainly should give you their legal opinion regarding that proposed action. If your attorney is retained to represent you, and you take an action outside their advise and file something with the court, that they have specifically advised you against filing, it is not unusual for that attorney to decide that they are no longer comfortable representing you. If you are acting against your attorney’s advise it often means that there has been a breakdown in trust between you and the attorney, it is often possible to represent someone in those cases.

The attorney cannot stop you legally from filing something with the court, however, they can withdraw as your counsel if their fee agreement with you permits them to terminate representation on those grounds.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

What should one think about an one’s attorney that tells one that they will not allow one to file a Contempt of Court claim against one’s ex without consulting with that attorney, even if one told the attorney what they were doing? Does the attorney have the right to forbid such a claim? Is that legal?

Thank you.