Probation Revoked For Misconduct In Probation Revocation Case

The North Carolina Court of Appeals affirmed an order of the state disciplinary commission imposing a 90 day suspension for ethical misconduct that was found to violate a previous order of disciplinary probation. Ironically, the misconduct involved abandonment of a client who was alleged to have violated criminal probation. The attorney contended that a breach of the fee arrangement by the client justified his behavior. The court disagreed:

“An attorney not only is an employee of hisclient but also is an officer of the court.This dual relation imposes a dual obligation. To the client who refuses to pay a fee theattorney must give specific and reasonablenotice so that the client may have adequatetime to secure other counsel and so that hemay be heard if he disputes the charge ofnonpayment. To the court, which cannot copewith the ever-increasing volume of litigationunless lawyers are as concerned as is aconscientious judge to utilize completely thetime of the term, the lawyer owes the duty toperfect his withdrawal in time to prevent thenecessity of a continuance of the case.” (Mike Frisch)