Q: my mothers lawyer is claiming that he will not fight for my mother in a custody battle can he do that?
A: A lawyer has a duty to zealously represent his or her client. But It really depends on who the lawyer is and what is meant by “fight.” If the lawyer was hired or assigned for a different matter, he has no obligation to take part in the custody dispute. Lawyers also do not have to file motions, ask questions, or pursue a certain litigation strategy just because the client wants to do so and have obligations not to file frivolous motions or mislead the court. Sometimes when clients say their lawyer won’t “fight” for them it’s because the lawyer has told them no on something for those reasons.
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