Thread: Lawyer Blowing Off Case

My nephew, 23, got a second DUI - we can't believe it either, but there it is. He's family - and he returned to the lawyer he used originally who was only marginally effective the first time. This time he is completely disengaged - has never met with my nephew to review his case and yesterday he missed the court date entirely. My family sat in court for hours and he never showed. When they finally reached him by phone his excuse was that the computers were down in the office and he didn't know he had a court date. This is ridiculous on so many levels - first, if he's preparing for the hearing, shouldn't he have known when it was? Secondly, my nephew contacted his office on Monday to confirm the location and time of the hearing. Thirdly, what professional doesn't have his calendar on his PDA? He has been paid $3000 in advance by my sister, the boy's grandmother, a retiree in her 70's who doesn't have the money to spare. Now they have to go through all the emotional turmoil of waiting for the rescheduled date next month. At this point I believe my nephew would be just as ably represented by a pro bono lawyer, but if we fire the lawyer they've hired I don't think we can get my sister's money back. Any thoughts on whether this is legitimate, ethical behaviour and do we have any recourse?

I would think you can get your money back. He hasn't done anything towards your case and also missed the court date. I'd demand money back and look for new attorney.

You are already in a tough situation and for the individual who is supposed to be assisting you is only making it more difficult....sorry for this.

I hope things work out for you...

I

The Georgia Rules of Professional Conduct require him to refund any unearned money. Per Rule 1.16, (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned.

Even if you signed a flat fee contract, he can only keep what is reasonable.