QUESTION
Can a lawyer back out of a contract agreement of retainer for a civil case?
Asked on Aug 23rd, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
I asked an attorney for representation to which his firm asks me to wait until I got right to sue letter from government. I have the retainer agreement.
10 ANSWERS
Ronald A. Steinberg
You can terminate a contract with a lawyer at almost any time, and for almost any reason. Not even marriages are permanent.
Answered on Sep 11th, 2013 at 11:29 AM
Yes, you can terminate the lawyer and request that any unearned retainer be returned to you.
Answered on Sep 05th, 2013 at 3:16 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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It is not clear from your posting whether there is a written agreement of representation signed by both the attorney and client. Further, your type of case is commonly handled on a contingency fee agreement, and in such an agreement, it is common for the attorney to make his obligation to litigate, subject to investigation and analysis of the facts supporting the claim. It is not in your best interest to be represented by attorney who does not want to represent you.
Answered on Sep 05th, 2013 at 3:16 PM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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Normally an attorney can back out of an agreement to represent you. If they promised representation, then failed to help you, and the time allowed to bring your lawsuit passed, then you may have a claim against your attorney.
Answered on Sep 05th, 2013 at 3:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I'd have to see the actual documents to be able to answer specifically, but it appears from what you describe that the retainer was made conditional upon your receipt of the letter. Are you saying that you now have that letter but that they still don't want to go forward? If that is the situation, then get a letter from the law firm confirming their position and go get another lawyer.
Answered on Sep 05th, 2013 at 3:16 PM
Thomas Edward Gates
They may decline further representation.
Answered on Sep 05th, 2013 at 3:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Until the letter is signed, yes. If it is signed and no work has been done, probably.
Answered on Sep 05th, 2013 at 3:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your question not clear. Have you paid the man? Has he agreed in writing to represent you?
Answered on Sep 05th, 2013 at 3:16 PM
James Eugene Hasser
Well, it depends on the terms, but if they are not addressed, either party could back out.
Answered on Sep 05th, 2013 at 3:16 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Sit depends on how the retainer agreement is worded and the reason the attorney wants to terminate the representation. For example, when I agree to take on a lawsuit on a contingency fee, I always put in the agreement that I can terminate representation in the event that I determine the case has no merit. In that case, I can withdraw from representation if I think there is no viable case. There can be other grounds for withdrawing from representation, such as the client failing to follow the attorney's instructions.
Answered on Sep 05th, 2013 at 3:16 PM