QUESTION

Can an attorney withdraw from a case without providing a reason?

Asked on Mar 24th, 2013 on Personal Injury - Massachusetts
More details to this question:
I had an injury at work and my employer is self insured. They are refusing to approve surgery which had been recommended by a physician of their choice. An attorney accepted the case and sent us to therapist and doctor of his choice. This doctor also referred out for surgery as of Friday morning. The attorney wrote letter of withdrawal on same date.
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7 ANSWERS

Generally, speaking, the attorney can withdraw prior to filing a lawsuit. You can find another attorney.
Answered on Apr 04th, 2013 at 10:03 PM

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Ronald A. Steinberg
Yes, just like you can fire your lawyer without a reason.
Answered on Mar 31st, 2013 at 8:00 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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You should re-read the Retainer Agreement you likely signed when you hired the lawyer. Michigan law will most often enforce the terms of any written agreement between parties. If the agreement says the lawyer may withdraw under certain conditions, then the question is whether those conditions exist. Generally the law does not require that an attorney give a client a reason for withdrawal, however, good business practice would be for the attorney to simply explain the situation requiring withdrawal and obtain the clients consent to withdraw. If the lawyer has entered an Appearance for the client in any legal proceeding, there would more than likely be rules that require the attorney stay on the case unless either the client consents to the withdrawal and/or the tribunal orders the withdrawal. In a formal legal proceeding you would/should be given notice of the attorneys withdrawal request and when same will be heard/argued before the tribunal so you can attend and state your preference. Of course, you may hire alternate counsel if your lawyer withdraws.
Answered on Mar 27th, 2013 at 3:33 PM

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Insurance Defense Attorney serving Oceanside, CA at Manuel J. Rodriguez
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I am not sure what you mean by the doctor referred out for surgery. However, it seems that you have a serious surgical medical issue that must be addressed in an expedited manner. It seems a bit strange that your present attorney wants out of your case in the face of a surgical dispute. If your attorney has filed documents with the WCAB and is your official attorney of record, your consent to the withdrawal of representation may be necessary before your attorney may end the attorney/client relationship. There are many factors that affect your rights and obligations relative to your workers' compensation claim, and the surgery issue. I am a certified specialist in workers' compensation. There is no charge if I take on your case and I do not get a recovery for you.
Answered on Mar 26th, 2013 at 10:55 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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It is supposed to be a free country. It was before the progressives took over. The lawyer can withdraw any time he please and you can terminate him at any time. he obviously does not think you have much of a case or he would not withdraw.
Answered on Mar 26th, 2013 at 1:33 AM

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Lisa Hurtado McDonnell
He probable determined that your employer is going to settle and he does not want to litigate. Its probably best you need to go to a firm with some deep resources who can afford to litigate the case.
Answered on Mar 25th, 2013 at 10:22 PM

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Personal Injury Attorney serving Boston, MA
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Yes, just as you can leave the attorney at any time. Typically, unless the case is in litigation, the lawyer can withdraw without a judge's permission. You should seek counsel elsewhere.
Answered on Mar 25th, 2013 at 10:19 PM

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