NYS--Ethics-Matrimonial case

[nywonderland]

In a pending Matrimonial matter in Nassau County’s Supreme Court initiated June 2008, I filed an RJI for support modification about a month ago. Two weeks ago we had a preliminary conference in which both Plaintiff and Defendant appeared pro se, and the judge assigned me, the Plaintiff, an attorney only on the matters of custody and visitation. However, the RJI was for support and the Judge ignored it. Instead, the conference and the Order to Show Cause was rescheduled for Nov 17th. I met with the assigned lawyer this past Wednesday, briefed her on the case and expressed my opinions and concerns about circumstances surrounding it. Throughout the conversation she appeared high strung and a bit hostile and towards the abrupt end of the conversation she stated I was delusional as she raised her voice again. I immediately left the office and upon my leaving she exclaimed: ‘You’re in trouble”-A statement I would not expect from an attorney assigned by a Judge, to protect the interests of a Pro Se matrimonial litigant, in communicating with said Plaintiff. Later that day I called the court and inquired about having her withdrawn from the case. I was informed that I had to contact said attorney’s office in order to do so. Subsequently, I faxed the attorney’s office asking the attorney to relieve herself from the case. That evening a get a visit from CPS !
I asked the case worker how the CPS case was initiated and she explained the attorney went to the Matrimonial Judge and thereafter CPS was called.
My interpretation of these events is that the attorney breached my secrets and confidences and misrepresented them by involving CPS as retaliatory action against my decision to withdraw her from my case due to her demeanor, disrespect and lack of professionalism. Specifically, in my opinion, the attorney is in violation of:
DR 1-102 [1200.3] Misconduct. (4. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation (of client’s custodial fitness, prompting the attorney to involve CPS)),
5. Engage in conduct that is prejudicial to the administration of justice (thus, hindering the objective judicial process. Even upon dismissal of the CPS case, which is at least a 30 day process, the preliminary conference is only a few days away), AND
NY DR4-101 {B.2} Preservation of Confidences and Secrets of a Client-- Use of a Confidence or a Secret of a client to the disadvantage of the client.

Today I received a letter from said attorney stating that unless and until she is relieved she will continue to represent me.

What is the process by which I have the attorney immediately withdrawn from my case and do I have grounds to file a complaint with the NYS BAR on the basis of breach of professional ethics standards?

Any assistance would be greatly appreciated.

You are supposed to be able to fire your lawyer anytime you want. A lawyer cannot withdraw for just any reason, there are certain requirements and steps they have to take. But it is the litigant who hires the attorney.
I know there is a lot of information about this. Do an internet search, or you can go to the pro se office at the supreme court building in your county. They also have a very good law library, which also has internet access and you can search for this topic as well as others.

Also, if you go to the website for the courts, they have an extensive section on matrimonial matters. Use that as a guide.

Additionally, you are not entitled to an attorney for a divorce, but you are entitled to one on issues with the children.