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Is it malpractice if your attorney threatens to quit every time you ask him for advice?


A certain attorney has been harrassing me every time a certain person asks him/her a legal question. He/She threatens to quit each and every time.

What can be done about it?

By a "certain person", I mean "me". No third parties are involved. The attorney threatens to quit everytime I ask him for legal advice.

find a new lawyer

Tell him to spit or get off the pot. Or fire him and save him the trouble of making a decision.

But I'm puzzled why YOUR attorney would threaten to quit whenever somebody ELSE asked a question.

I don't understand - do you work for this attorney, or are you his client? If you're his client, then find another attorney. If you work for him/her then what do you mean by he/she "harrasses you"? I would think that if he doesn't want this "certain person" as his client, then why doesn't he tell the client to find a different lawyer?

EDIT: Well if he's your lawyer, then it makes no sense why he would threaten to quit unless you're not paying him or taking the advice he's already given you. Even so, he should tell you to seek other counsel or you should get a different attorney if his attitude bothers you this much. You could file a complaint with the bar assoc. against him if you're really not happy with his performance, but I doubt being a jerk is considered malpractice. Good luck.

So I'm confused. Give more details about this attorney. Why would he threaten to quit? Did you retain this attorney? Paid retaining fees? Then he is your attorney and you have the right to ask anything you want to pertaining to your legal issues that you hired him for. I'm still confused.

Yes, please give more details. If you are asking your lawyer legitimate questions and he is threatening to quit, that is wrong. Doesn't rise to the level of malpractice, but it seems like you could at least get him censured. If he is threatening to stop representing you because someone is asking questions on your behalf, that makes a little more sense. It puts a lawyer in a bad position to ask him to discusss your case with a third party. It can violate the attorney-client privilege and put you at a very big disadvantage in your case; then when you lose because of it, your lawyer faces a malpractice claim. If your lawyer wants to quit because you are doing this to him, I can't blame him. But it's not clear if the lawyer is harassing you, or if you mean that his threatening to quit is harasssment.

EDIT:
If you're the person asking the questions then, I wonder what you are asking him. Are you calling him every day, or multiple times in a day, to ask him the same questions, or to play "What if?" and make up scenarios that haven't happened yet and demand his legal analysis of them? Because when I was a lawyer, people did this a lot. I never threatened to quit (actually, I just quit without telling any of my clients. They just found out their cases had been transferred to someone else and I wasn't practicing anymore), but it is very aggravating and actually keeps the lawyer from getting his job done. Think about it: Do you get more accomplished when you work, or when you are on the phone talking about work?

But if you're legitimately asking real questions and not calling all the time, then he's wrong to do it. Get a new lawyer, but it's not really likely that he'll incur any kind of punishment for his behavior.

Let him quit, who needs him? You don't need that BS... he's a loser.

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