QUESTION
Can a lawyer drop a case just because they changed their mind even though none of the details of the case have changed?
Asked on May 21st, 2012 on Labor and Employment - Illinois
More details to this question:
I was fired by my employer for religious reasons, I filed a case with the EEOC and a local law firm told me that they had a better than 50% chance of winning. I hired them with an agreement that they would get their fees paid by the employer if we won the case. They didn''t mention at the time that they would get 40% if I settled. No details have changed on the case but now they claim they can''t win the case and want me to take the settlement offer. They say they are going to drop the case if I don''t take the offer which is less than 30% of what my employer owes me. I have less than 80 days left to file a suit so I''m trying to find out if they can legally just drop the case.
1 ANSWER
4 Awards
Most of this will depend on what is stated in your written agreement with the attorney. There has to be a written agreement stating that the attorney would receive 40% of any settlement you might agree to. If there is no such agreement in writing, the attorney cannot collect that fee.
As to dropping the case, it seems that you are about to end one part of the case (the EEOC portion) and are about to enter into a second stage in the case. Under that circumstance, at least based on the facts you provided to me, it seems that the attorney could decide not to represent you in the next stage of filing in federal court. Had a federal lawsuit been filed by this attorney, he/she would need the formal permission of the judge to withdraw.
My best advice for you, however, is to meet with an another independent attorney to review the case. That attorney could perhaps give you a second opinion as to whether the settlement being offered is reasonable based on all the facts, or if you should risk going to court.
Answered on May 22nd, 2012 at 10:22 AM