You’re Fired. No, Really. Stop Laughing.

I believe this is the first time I have ever written about a TMZ article.

Sources connected with the L.A. prosecution of Lindsay tell TMZ … Heller — who according to the New York Times has been called a “menace to the public” by some lawyers — sent a letter to Holley saying he was now repping her on all criminal matters.

Bad timing on Lindsay’s part, because sources tell us … Holley was literally on her way to the courthouse when Heller sent his letter — she was trying to negotiate yet another sweet settlement for Lindsay in the lying-to-cops case.

Not that the press that would cover anything Lohan related cares, but this is really not the way things work.

A letter from Lawyer Two telling Lawyer One that Lawyer Two is now representing the client and Lawyer One is fired has no legal significance. Lawyer One is still responsible for the case, legally and ethically, not only until the client tells her otherwise, but also until the court lets Lawyer One off the case and Lawyer Two on. 

Only the client can fire the lawyer. Momma can’t do it, hubby can’t do it, and publicity-hound lawyer sure can’t do it; if I’m on my way to the courthouse (do they not have telephones in LA?) ”to negotiate a sweet settlement” when I get a letter from a lawyer claiming now to represent the client, I either ignore the letter and go about my business until the client contacts me to tell me otherwise or—if the client is a pain in the butt—call him to find out if he wishes to change lawyers.

About Mark Bennett

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.
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4 Responses to You’re Fired. No, Really. Stop Laughing.

  1. Brian Tannebaum says:

    Nice post. I shall bookmark it for later review

  2. Ross says:

    What happens when Lawyer 1 shows the letter from Lawyer 2 to the judge? Will a judge get annoyed enough to tell Lawyer 2 to come on down to the courtroom and explain what’s going on?

  3. Alex Bunin says:

    You just don’t understand the special rules for representing celebrities. The first lawyer who holds a press conference has “appeared” for the defendant. He or she may be replaced by any lawyer (or photogenic paralegal), who is interviewed by Barabara Walters or has their client diagnosed by Dr. Phil. See ET for citations and authority.

  4. Tanner Andrews says:

    Celebrity representation is not the only case where special rules apply. In [state], the rules tell us that you appear by filing the first pleading or a notice of appearance. Explain, then, how we see so many local counsels for banks in foreclosure — no appearance, no record of their names and bar numbers anywhere — and no docket clearing judges caring about the rules.

    In [state], the appearance rules are neither civil nor criminal; they are separated out into the Rules of Judicial Adminstration.

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