Nassau county family law attorney, Barton Resnicoff, discusses how health complications of attorneys can impact divorce proceedings.
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Well, whenever an attorney is unable to continue representation in a case because of health issues, there’s an automatic stay. Nobody has to do anything. The action stays and nothing further can take place. For the other side to be able to proceed, they have to serve a notice personally upon the other party to tell them that they have to appointment another attorney to proceed. And, in fact, more than once I’ve been involved in this issue, unfortunately, and I have had cases reversed on appeal when the trial judge didn’t do something like that.