QUESTION

do I have a case against my lawyer if he refuse to go forward with my case

Asked on Dec 15th, 2015 on Legal Malpractice - Kentucky
More details to this question:
During a hearing for damages my lawyer refused to take the case to court stating he would not spend any money on it. He also missed important facts that would show the information he was given was a lie. My case was worth a lot more but he refused to go to court due to money issues
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1 ANSWER

Personal Injury Attorney serving Cincinnati, OH
2 Awards
The answer is "maybe." The key is the written fee agreement between you and your attorney.  For example, some fee agreements specify that the attorney is not obligated to advance funds to pursue a case.  Also, some fee agreements allow an attorney to withdraw if, upon further evaluation, the attorney does not believe that that the case is meritoripus.  There may be other terms in a fee agreement that may act as escape clauses. However, an attorney cannot bail on a case if the withdrawal would unreasonably prejudice a client's ability to continue on with the case.  For example, an attorney cannot withdraw if the case is set for trial and the trial date is so soon as prevent the client from getting a new attorney.  If a lawsuit has been filed, then the lawyer has to file a motion with the Court and set a hearing with the client present to discuss why the attorney wants to withdraw. In most instances, the Court will let the attorney out of the case and grant a reasonable continuance for the client to obtain new counsel. Pleas note that there is no legal or ethical obligation for an attorney to take on a case or advance money to pursue a case. So, depending on the circumstances and what has transpired, you "might" have a malpractice claim and you "might" also be able to file an ethics complaint -- with the Kentucky Bar Association -- against the attorney.
Answered on Dec 16th, 2015 at 5:52 AM

Answers do not constitute legal advice and do not create an attorney/client relationship. Call to discuss your particular legal needs.

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