Q: Seeking how I ask the Bench Judge to Censure Counsel for request to Withdrawal from my case based on an erroneous claim?
I have a Privileged and Confidential letter from my Attorney making mistaken statements about a previous COMPLAINT on file and which the Judge Agreed Upon. My Counsel warned me if I disagreed with his reasoning that he would quit. I need to know how to ask the Judge to review the filings on record, but do not know if I can reveal his marked Privileged & Confidential email showing he was ignoring the adjudicated Order and the previous filing of my Complaint. I agree with his need to withdraw, but not the misrepresentation to the Judge. If permissible, I would like to request the Judge Censure him for failing his contractual fiduciary duty to his client. I don't know the wording, nor if I may forward the email marked P & C proving my claim. Thank you.
A: Generally speaking, you hold the privilege (and thus the right) to keep information confidential, or to reveal it under the attorney-client privilege. Disclosing information that your attorney provided to you may not be in your best interest however, and I recommend you have another attorney review the information you want to disclose. As for pursuing your former lawyer for malpractice, those are difficult claims to prove, and you would need to start a new lawsuit against your lawyer separate from the current litigation. While you may disagree with statements your attorney made, it may not rise to the level of professional negligence (legal malpractice). Again, I suggest you speak with someone practices in that area to get an opinion on your specific situation. Good luck!
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