Q: I have printed the complaint form for professional misconduct but should I submit this without representation now?
I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over after charging me another retainer and they too did not inform me of court dates and filings! I have the forms printed but dont know how I should file this with the courthouse quickly if I dont have anyone representing me at this point.
A:
To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:
https://www.msbar.org/ethics-discipline/disciplinary-process/frequently-asked-questions/#:~:text=A%20Formal%20Complaint%20is%20filed%20at%20the%20direction%20of%20the,the%20Supreme%20Court%20of%20Mississippi.
Most complaints about professional misconduct are filed by clients without an attorney's assistance. Not keeping a client informed of court dates and court filings could be professional misconduct, particularly if the client's personal appearance was necessary or would have assisted in the outcome.
It would not be unusual for there to be court hearings in your case that do not require your appearance as the client, especially ones concerning procedural matters and ones which do not require your personal testimony. One of the many reasons parties hire attorneys to represent them in court proceedings is so that the client does not have to personally appear at every scheduled court date. The better practice--and one which I try to follow--is to inform the client in advance of each scheduled court date, let them know whether their presence is required, and if not let them know that they are always free to attend any court date in their case even if their testimony isn't needed.
Remember that a retainer is not a flat fee for legal representation in a particular case. It is almost always the deposit of advance of a sum of money against which the attorney bills typically at an hourly rate and which is typically replenished either monthly or when the retainer is exhausted. The amount of a retainer is usually only a fraction of the total cost of legal representation in a court case.
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