Attorney Ethics???

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bobcarback

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My wife was recently involved in a child custody fight with her ex husband. My wife's attorney, while representing her, needed emergency surgery and was unavailable, yet according to his secretary/paralegal, still actively representing my wife. Through repeated attempts to get her attorney to contact my wife, we would only get a call from the secretary. My wife was an emotional wreck over the fight and needed her attorney (he gave her his cell phone number and said call anytime, but never answered). I've stood by my wife's side to support her (she called me her rock) through all of this and it was very hard to watch her fall apart. We called the secretary and demanded that the attorney call us and his reply was to withdraw from the case stating -- "my decision to withdraw from the case is based solely on the actions of your husband (me)" and your husband "has been rude and irate with this office" and although your husband "is not a party in the case he continues to control your responses", etc. My wife knows and believes that I have been nothing more or less than a supportive husband and stands by me. She disagrees with her attorney's statements completely. She is encouraging me to do something about this -- her attorney cc'd this letter to the opposing attorney, the courts and one other attorney. I consider this slander and defamation of character. Do I sue?? Do I report him to the Maryland Attorney Grievance Commission??
 
Lawyers are allowed to require emergency surgery and not call their clients for a while. Did he miss any legal deadlines that harmed your wife?

They're also allowed to stop representing clients pretty much whenever they want and for any reason, as long as doing so does not prejudice their client's interests.

It sounds a little over the top to write the letter to you, the other attorney, the courts, and another lawyer - really, all the lawyer needed to do was tell the parties that they no longer represented your wife. But I don't see where you would have grounds for a defamation suit - even if it's not true, how have you been damaged?

You might report the behaviour to the bar association, they'll at least be able to tell you whether it's deserving of sanction.
 
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