In re: Madison, No. 2:09-bk-22225-SSC (Bankr. D. Ariz., March 30, 2011)
When can a bankruptcy attorney be reported to the State Bar of Arizona for failing to inform his client and appear before court at scheduled hearings? This was the issue addressed by a bankruptcy court in Arizona a couple months ago.
In a Chapter 7 case, a debtor named Sherryl Madison complained after her attorney had failed to file a response to motions to dismiss her case, and had failed to appear at multiple hearings before the court. He did not inform his client of the filings nor motion to dismiss, nor of the hearings. In his defense, the attorney claimed he had attempted to withdraw from representing Ms. Madison, but that he was not sure how.
The court found that this was no excuse. He could have filed a motion to withdraw from representing her, or request a hearing at which he requested the court to grant the debtor time to find new counsel. However, he did not, and let her case suffer as a result. He could easily have addressed the court and kept the court and his client informed.
An attorney has the duty to act with reasonable diligence in representing his client and communicating adequately with both the client and the court. The attorney here did not inform the court of his intentions to withdraw, instead he simply failed to perform the duties of representing his client. Nor did his client know of her own hearings and the status of her case. He did not withdraw appropriately from representation, and failed to act diligently and communicate adequately. The court concluded that he violated several ethical rules, and referred the matter to the Arizona state bar for further action.
