What is the name of your state? FL
An attorney moved for and was granted the right to disengage his client. The hearing was two days before he was to represent his client at the appelate court. Atty was required by state law to continue to represent the former client at the scheduled appeal. That same day at the same appelate court, attorney was scheduled for another unrelated trial. Due to problems with mail being received (former atty was fully aware of the mail issue) former client did not know former attorney had withdrew nor the date of the appeal. Several months later, and after verbal conversation with former atty's secretary stating atty had disengaged, atty's mail is found and opened. One of the pieces of mail from the atty is from the Appelate Court, stating that there MAY be actions that need to be taken as stated in the attached opinion. No opinion was attached and it was noted at the bottom that both attorneys were cc'd, except that the copy forwarded to former atty did not have a copy of the opinion attached? (No opinion was ever received nor can it be located via the Apl Ct website.) Another letter from the Apl Ct copied and sent by the former atty with a date 2 weeks later than the first stated Trial Court's ruling sustained per the Court's opinion. It didnt say "opinion attached" however.
Besides a complaint to the State Bar Assn what actions may be taken to obtain the opinion in order to determine what actions should or should not have been taken, and the statute of limitations that may still allow some remedial action before expiring??? It seems unethical to request to NOT receive a copy of the opinion from the appelate court even if you have been granted an order of withdrawl from future matters with a client?What is the name of your state?
An attorney moved for and was granted the right to disengage his client. The hearing was two days before he was to represent his client at the appelate court. Atty was required by state law to continue to represent the former client at the scheduled appeal. That same day at the same appelate court, attorney was scheduled for another unrelated trial. Due to problems with mail being received (former atty was fully aware of the mail issue) former client did not know former attorney had withdrew nor the date of the appeal. Several months later, and after verbal conversation with former atty's secretary stating atty had disengaged, atty's mail is found and opened. One of the pieces of mail from the atty is from the Appelate Court, stating that there MAY be actions that need to be taken as stated in the attached opinion. No opinion was attached and it was noted at the bottom that both attorneys were cc'd, except that the copy forwarded to former atty did not have a copy of the opinion attached? (No opinion was ever received nor can it be located via the Apl Ct website.) Another letter from the Apl Ct copied and sent by the former atty with a date 2 weeks later than the first stated Trial Court's ruling sustained per the Court's opinion. It didnt say "opinion attached" however.
Besides a complaint to the State Bar Assn what actions may be taken to obtain the opinion in order to determine what actions should or should not have been taken, and the statute of limitations that may still allow some remedial action before expiring??? It seems unethical to request to NOT receive a copy of the opinion from the appelate court even if you have been granted an order of withdrawl from future matters with a client?What is the name of your state?