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My spouse hired an attorney that would not provide us any information

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PXHF

Junior Member
What is the name of your state (only U.S. law)? NY

My wife hired an attorney (a childhood friend) that refuses to provide her with the information of a lawsuit result against our bank until "the case is over"... It has been three + years already since we won, and the case is not closed yet!? The attorney refuses to talk to me. The bank would not provide me with any information either because the account is only in my wife's name.

If the money in the bank belongs to my wife and I, but the account is only on my wife's name, I am not looking to get divorced or anything like that, all I am asking for is access to the information from the attorney that represented my wife in the lawsuit. Since our funds are frozen on this case, I do not have any money to hire my own attorney and procure the information needed. What can I do? What recourse or what right do I have to get information??

Thank you in advance for any help you might be able to provide,

Regards,
Pedro
 


cbg

I'm a Northern Girl
What makes you think that YOUR WIFE'S attorney owes you any information about a suit regarding YOUR WIFE'S account?
 

HighwayMan

Super Secret Senior Member
My wife hired an attorney (a childhood friend) that refuses to provide her with the information of a lawsuit result against our bank until "the case is over"... It has been three + years already since we won, and the case is not closed yet!?
Well, it would seem as if it is not over and I don't think you "won" anything yet.
 

ALawyer

Senior Member
Lawyers Have a Duty to Be Responsive to Clients

While I can certainly understand why a lawyer retained by your wife would not and should not discuss the case with you, your initial post suggested that the lawyer would not even discuss the status of the case with your wife -- the client.

If that is the case, and assuming that as you are from NY the lawyer is also a NY lawyer, the lawyer would be in violation of Rule 1.4(a) of the Rules of Professional Conduct of the New York State Unified Court System, which provide "A lawyer shall: (1) promptly inform the client of: iii. material developments in the matter including settlement...offers, (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with a client's reasonable requests for information...." (Most states have a very similar rules.)

Your wife should immediately make a written request to her lawyer for detailed information on the precise status of the case, what has been done, what remains to be done, and where the matter sits on the applicable court's calendar.

While it can certainly take 3 or more years for complicated matters be resolved in some courts, and there may not have even been any settlement offers, 3 years is far too long to have to wait for basic information.

Apart from the directly applicable Rules, any lawyer's failure to reasonably communicate would make me suspicious as to the nature and quality of the representation being given, and indeed as to whether there may have been a serious slip-up on the part of the lawyer.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? NY

My wife hired an attorney (a childhood friend) that refuses to provide her with the information of a lawsuit result against our bank until "the case is over"... It has been three + years already since we won, and the case is not closed yet!? The attorney refuses to talk to me. The bank would not provide me with any information either because the account is only in my wife's name.

If the money in the bank belongs to my wife and I, but the account is only on my wife's name, I am not looking to get divorced or anything like that, all I am asking for is access to the information from the attorney that represented my wife in the lawsuit. Since our funds are frozen on this case, I do not have any money to hire my own attorney and procure the information needed. What can I do? What recourse or what right do I have to get information??

Thank you in advance for any help you might be able to provide,

Regards,
Pedro
The only potentially legitimate complaint your wife appears to have against her attorney currently, based on what you have said, is the attorney's lack of communication with your wife. Lack of communication is not an uncommon complaint made by clients.

Is it possible that the "win" you said your wife had in court has been appealed by the bank? It sounds as if it might have been - and that could easily explain the three plus years.

Your wife might want to schedule an appointment with her attorney to discuss the status of the case and to discuss any concerns she might have about the funds frozen in her account.

There is little YOU can do if you are not a party to the suit and if the bank account is in your wife's name alone. You might want to open your own bank account.

The Appellate Division of the New York State Supreme Court regulates attorneys in New York. If your wife continues to have difficulty reaching her attorney, she can read through the following information provided by the Appellate Division to learn how to file a complaint against her attorney.

https://www.nycourts.gov/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml
 
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