Questions About Your Own Lawyer

These are questions about the lawyer rather than the case: counsel who withdrew, was terminated, will not release the file, or handled something in a way that does not look right. They are among the hardest questions to ask, because the person you would normally ask is the person you are asking about.

The recurring trap is a deadline. An order permitting counsel to withdraw, or a judgment entered while nobody was minding the file, can carry an appeal window measured in weeks from service of notice of entry — and it runs whether or not you currently have a lawyer. Where something has already been ordered, the date on the order matters more than the merits of the complaint.

The other surprise is where responsibility sits. When an attorney leaves a firm, the firm generally remains responsible for the client’s matters until substitution paperwork is actually filed; there is no fixed number of days. And when you have been told a document was filed or recorded, the court or agency that issues it — not the lawyer — is the place to confirm it.