Legal misconduct


#1

According to my contract, I was to be notified 45 days before any fees were due for work. For example, before any child support or custody hearing, I would be given 45 days notice that I was on the Judge’s calendar.

I was called one day, about 2 days after an emergency appendectomy and told to get to the court house, that my case was going to be heard that day. Later, I find out that my lawyer was told by the judge that she was released for the day, as there were not any cases that involved her. She told the judge that she would like to have my case heard. She and my ex’s lawyer called us and told us to get down there. We reached a settlement outside of court for separation / consent order stuff, and never made it into the court room.

A few weeks later, my lawyer withdrew stating that I had not met my financial obligations to her. Given that the contract says funds are due 45 days before the court hearing, and I wasn’t on the calendar, did I break the contract? Or did my lawyer?


#2

Unfortunately I cannot advise you on who has breached without reading both contracts and having a full understanding of the facts. Attorneys frequently withdraw if they are not being paid, but I understand your confusion if you did not receive a bill yet since the court hearing wasn’t calendared.