Opinion

Howard v. Lee

  • 185 So. 3d 144
  • 2016 WL 154865
Court
Louisiana Court of Appeal
Filed
Jan 13, 2016
Status
Published
Author
Caraway
On the bench
Brown, Caraway, Garrett
Cited by
10 cases

The opinion

CARAWAY, J.,

concurring.

hi do not view this matter,as a situation involving the “discharge of one’s attorney,” over which the trial court has broad discretion in consideration of a continuance. The client is a minor, not Queen, so this is the case of the discharge of a minor’s attorney by a tutor) who must manage the minor’s civil actions and property as a fiduciary. La. C.C.P. art, 4061.1. The duty to act as tutor in a fiduciary capacity was breached by the forcing of the tutor into the role of legal representative at .trial under the circumstances of this case. The trial judge, in a broad sense, is- required to monitor the tutor’s mismanagement of the minor’s property and civil actions under the principles expressed in La. C.C.P. arts. 4234 and 4265 and to prevent such .malfeasance if possible. The minor’s interests were harmed by Queen’s dispute with pri- or counsel. Yet her corrective actions for new counsel' occurred without unreasonable delay. Therefore, I agree with reversal of the trial court’s actions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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