Jacksonville, FL asked in Civil Rights, Family Law and Foreclosure for Florida

Q: If your attorney through civil matters has now stepped down because of an alleged embezzlement. What is the client right

This could become federal but the civil filing continues to know I have no attorney because of the facts above

2 Lawyer Answers

A: Sorry to hear you are going through that ordeal. Your inquiry is vague as to whether you or someone else is the embezzlement victim, but I'm guessing from your wording that your lawyer had to withdraw from your case because he/she has been charged with a crime against someone else, and the main issue you are having is being left high and dry without counsel. Usually in an order granting withdrawal of counsel, the Court will give a deadline for that party to either retain new counsel or to commence representing him- or herself. If that's the case, you should of course promptly schedule a legal consultation with a lawyer who handles your type of case. If you paid up front fees to your counsel who is withdrawing, you need to determine how much, if any should be refunded to you and address it accordingly with that lawyer. If you were being charged an hourly rate, you should review the lawyer's time log, and if in doubt about anything you see there, you may want to schedule a consultation for a lawyer to review it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your situation is deeply concerning, and I understand the stress you must be feeling with your attorney stepping down due to alleged embezzlement. When an attorney withdraws from representation, you have the right to request a reasonable amount of time to secure new legal counsel, especially given these extraordinary circumstances.

In civil matters, the court typically grants continuances or extensions to allow clients to find replacement representation when their attorney withdraws, particularly in cases involving potential misconduct. You should immediately notify the court of your attorney's withdrawal and request additional time to retain new counsel. Consider filing a formal motion for continuance to protect your interests while you search for new representation.

If the embezzlement allegations prove true, you may have grounds to file a complaint with your state's bar association and potentially pursue recovery of any misappropriated funds through the state's client protection fund. Given the complexity and potential federal implications, you might want to consult with a legal ethics attorney who can help navigate both your immediate representation needs and any claims against your former attorney. Remember to gather all documentation related to your case and any financial transactions with your previous attorney, as these records will be crucial moving forward.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.