A lawyer agreed to represent a tenant who was facing evictio…
Questions
A lаwyer аgreed tо represent а tenant whо was facing evictiоn for nonpayment of rent. The lawyer formalized his representation agreement with tenant and filed an appearance in the local housing court. The court docket had tenant’s hearing scheduled for one month later. Four days after filing his appearance, the lawyer received a phone call from the tenant saying she no longer wanted him to represent her because she wanted to represent herself instead. She conceded that he had done nothing wrong. Lawyer tried to persuade her to change her mind, but she was insistent so lawyer reaffirmed when she needed to appear in court, and said he would send her all documents from her case. The lawyer then drafted a letter acknowledging termination of representation and sent it along with copies of court documents he had pertaining to client’s case. The letter was returned three days later, marked “UNDELIVERABLE: Not at This Address.” Lawyer tried calling client, but her phone number was no longer in service. On date of tenant’s scheduled hearing, lawyer appeared in person to notify judge that tenant had discharged him and withdraw from case (in housing court, once an attorney files a notice of appearance, attorney needs court's permission to withdraw). Judge refused to permit lawyer to withdraw, and instead ordered him to proceed with representation, because otherwise a default judgment would be entered against tenant for failure to appear (tenant did not appear at hearing). The hearing then proceeded as scheduled, in tenant’s absence, with lawyer presenting same defense for nonpayment of rent that he would have presented if client had not discharged him. Ultimately, the court ruled in favor of landlord but did stay eviction of tenant for 30 days to give tenant additional time to pay. Tenant failed to pay within 30 days. Was it improper for lawyer to represent tenant at the hearing, even after tenant had discharged him, thus giving rise to possible claim against lawyer by tenant ?