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What is the name of your state?What is the name of your state? Iowa

There clearly were conflicts of interest with my court appointed attorney, and for this reason I'd asked for him to file a petition to withdraw.

Wouldn't it be rather inappropriate for that attorney to make an attorney referral or personal recommendation, and write this in the "Petition to Withdraw"???

He mentions in the petition that he'd had the chance to briefly discuss my case with this other attorney, and he feels that that lawyer should takeover the case where he left off.

One of the very reasons that I asked him to withdraw, was because I had been told (in confidence) by one of the courts office clerks, that in nearly all the child support cases that require a court appointed attorney to represent an obligor, they will always appoint one attorney in particular (..the clerk was refering to the attorney that I had asked to withdraw) The clerk told me that the reasoning behind this is simply because he is "a big push over", that does not stand up for his clients, and can easily be swayed the other way, in favor to help assist the child support recovery attorney "to get things done", ...even when it is clearly not in the best interest of the obligor.

So, doesn't it seem rather foul natured for the withdrawing attorney to have made comments in his petition, with regards to a recommendation of an attorney, that for suspicious and unknown reasons, he had already pre-discussed my case with??? Something smells fishy. What can I do? Any info, advise, or suggestions would be very much appreciated.

Thanks!

Respectfully,
Barry


PS: Just for informational purposes, ..I had posted a similar post on the board, but it was not it the correct section.
 


Phnx02

Member
Barry_Archer said:
What is the name of your state?What is the name of your state? Iowa

There clearly were conflicts of interest with my court appointed attorney, and for this reason I'd asked for him to file a petition to withdraw.

Wouldn't it be rather inappropriate for that attorney to make an attorney referral or personal recommendation, and write this in the "Petition to Withdraw"???

He mentions in the petition that he'd had the chance to briefly discuss my case with this other attorney, and he feels that that lawyer should takeover the case where he left off.

One of the very reasons that I asked him to withdraw, was because I had been told (in confidence) by one of the courts office clerks, that in nearly all the child support cases that require a court appointed attorney to represent an obligor, they will always appoint one attorney in particular (..the clerk was refering to the attorney that I had asked to withdraw) The clerk told me that the reasoning behind this is simply because he is "a big push over", that does not stand up for his clients, and can easily be swayed the other way, in favor to help assist the child support recovery attorney "to get things done", ...even when it is clearly not in the best interest of the obligor.

So, doesn't it seem rather foul natured for the withdrawing attorney to have made comments in his petition, with regards to a recommendation of an attorney, that for suspicious and unknown reasons, he had already pre-discussed my case with??? Something smells fishy. What can I do? Any info, advise, or suggestions would be very much appreciated.

Thanks!

Respectfully,
Barry


PS: Just for informational purposes, ..I had posted a similar post on the board, but it was not it the correct section.
You had already petitioned to fire this attorney. You were under no obligation to specify the reason. If you had mentioned the reason(s) why in your petition, then the attorney can address these issues, and defend himself accordingly.....without necissarily discussing the specific details of your case. The person who's done wrong here is the court clerk. This is totally unethical and he/she can be fired for telling you these things.

In a way, you are lucky the withdrawing attorney was nice enough to refer you to someone else.....he/she could have left you out in the cold to find a replacement. However at the same time, you may want to consider finding a different attorney altogether. The recommended attorney may now have pre-conceived thoughts/expectations about representing you based on the other attorney's negative comments.
 
Phnx02 said:
You had already petitioned to fire this attorney. You were under no obligation to specify the reason. If you had mentioned the reason(s) why in your petition, then the attorney can address these issues, and defend himself accordingly.....without necissarily discussing the specific details of your case. The person who's done wrong here is the court clerk. This is totally unethical and he/she can be fired for telling you these things.

In a way, you are lucky the withdrawing attorney was nice enough to refer you to someone else.....he/she could have left you out in the cold to find a replacement. However at the same time, you may want to consider finding a different attorney altogether. The recommended attorney may now have pre-conceived thoughts/expectations about representing you based on the other attorney's negative comments.
I hadn't filed any petition, I pointed out several of the problems between us, and he also agreed that we certainly weren't getting anywhere, ...with that said, I'd simply asked that maybe he should petition to withdraw, ...these conflict issues had been going on for well over a year now, I've mentioned issues to him over the last year, and he hasn't shown any concern, nor the desire to address any of them.

Too often I'd chosen to bite my tongue and put up with it, and it wasn't until recently that I'd finally tried to put a stop to it, as we had bumped heads way too many times, and by looking at the bigger picture, it was obvious that there were several problems I'd had with him during the time he had been representing me.

NOW, if what I was being told by the clerk is true, is it REALLY unethical for them to have told me such a thing??? Not a chance, ..she had told me about this well after I'd asked for the attorney to withdraw. In fact, it was when I'd seen this clerk at the mall when we began talking, I told her that I'd asked my attorney to withdraw, and that's when she'd said she didn't blame me because........

I'll tell ya what's really unethical about this, is that when a person is indigent and unable to afford an attorney, that the courts would have one "so called" attorney in particular that is their prefered choice for the opposing partys appointed public pretender, one that has been moreless programmed as a robot, to work in their favor. Is that really fair?? Is that really ethical?? C'mon, let's be honest here.

Maybe I should write Mr. Bill O'Reiley at Fox News, and blow the whistle on this corruption that's been going on? I've got more important things to be doing with my time. Let's face it though, this kind of crap shouldn't be going on, ..period.
 

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