More details to this question:
Can an attorney pull out of a case which is on contingency basis for the reason that he doesn't think it can be won at trial and we can't agree on mediation?
10 ANSWERS
Edwin K. Niles
Of course. We abolished slavery quite a few years ago.
Answered on Mar 27th, 2014 at 10:26 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If the matter is in suit, the attorney may NOT simply drop the case/your representation UNLESS the attorney has your consent or gets the approval of the Judge to withdraw from representing you (and to get judicial approval the attorney will have to file a Motion and send you notice of same). You are entitled to hire new counsel if you so choose, and if you will do that, you should do so before your original attorney withdraws, so there will be continuity in your representation. If it is a pre-suit matter, then your attorney can probably drop your case, but this is usually spoken to in your written agreement of retention, so you would want to read same closely to determine what it allows in this type of situation. Of course, be aware of any statute of limitations and make sure your case is properly filed before any statute of limitations expires (if it's not already in suit and if the claim is viable/worth filing).
Answered on Mar 27th, 2014 at 10:07 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can change your attorney at any time and your attorney can withdraw at any time.
Answered on Mar 26th, 2014 at 2:55 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He probably reserved that right in the fee agreement and if he did, yes, he can pull out.
Answered on Mar 26th, 2014 at 2:55 PM
Thomas Edward Gates
Yes, he has a right to resign. However, you have the right to object to the withdrawal because the money spent and the closeness to trial.
Answered on Mar 26th, 2014 at 2:52 PM
James Eugene Hasser
Yes, unless there is something in the fee agreement prohibiting from doing so, or you are in litigation, the lawyer can withdraw from representing you. You may want to get a second opinion, anyway. Good luck.
Answered on Mar 26th, 2014 at 2:40 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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It would be helpful to know how the accident happened, since your lawyer says he can not win at trial. It is possible that you may have a case that you can win.
Answered on Mar 26th, 2014 at 2:33 PM
Ronald A. Steinberg
Absolutely. You hired him for his expertise, and now you know more than he does! What is wrong with that picture? If you don't trust him, get another lawyer. But you certainly are NOT educated or experienced enough to be running the show.
Answered on Mar 26th, 2014 at 2:24 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, but the attorney will need to get permission from the court.
Answered on Mar 26th, 2014 at 8:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, depending on the retainer agreement.
Answered on Mar 26th, 2014 at 8:27 AM