QUESTION
Can an attorney withdraw from a medical malpractice suit 8 months after retainer signed in NY State?
Asked on Feb 18th, 2013 on Personal Injury - New York
More details to this question:
Can my attorney suddenly withdraw from my potential medical malpractice case after 8-9 months? We signed the retainer in April 2012. I received a certified letter of his withdrawal this past Friday, 2/15/2013.
4 ANSWERS
Personal Injury Attorney serving Yonkers, NY
Partner at
The Law Offices of Joseph A. Marra, PLLC
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So long as a law suit has not been filed he can withdraw. If a lawsuit has been filed then the attorney needs the court permission.
Answered on Feb 20th, 2013 at 7:16 PM
Litigation Attorney serving Olean, NY
at
Black, Lyle & Habberfield, LLP
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Sure. He can withdraw or you can withdraw at any time. Go find a new attorney. Good luck.
Answered on Feb 19th, 2013 at 11:28 PM
Kevin J. Connolly
Yes, no and maybe. If he had filed the lawsuit, he would court permission to withdraw. #1 How long ago was the last act of malpractice committed. If less than the pertinent statute of limitations, talk to a new lawyer immediately. #2 Was the retainer "subject to investigation. If so, then the lawyer was free to walk away for good cause. Just as long as he notifies you. Don't try to force the lawyer to stay on the case unless you have no choice.
Answered on Feb 19th, 2013 at 10:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
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If he has not filed suit, the answer is yes. Otherwise, he needs permission of the court.
Answered on Feb 19th, 2013 at 10:12 PM