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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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Can my lawyer quite on my case while we are in the middle of

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Can my lawyer quite on my case while we are in the middle of a settlement agreement with the other party?

Thank you for your question. Please permit me to assist you with your concerns.

So long as your case is not detrimentally impacted by the termination, the attorney can indeed quit even in the midst of negotiations. An attorney generally cannot quit once trial begins, and in that situation he must first ask permission from the judge to quit representation and must show that his quitting would not detrimentally affect representation. Otherwise the attorney is free to cancel representation even in the middle of settlement.

Good luck.

Customer: replied 3 years ago.

I asked the question because I have reason to believe my lawyer is getting compensated by the other company to persuade me to sign a settlement that is in the other companies best interests. How do I ask my lawyer if they are getting compensated by the other company and protect myself? That is, if my lawyer is disgruntled he might quite my case. Is there a legally binding form I can have my lawyer sign that states they are not getting compensated by the other company?

Thank you for your follow-up.

Your attorney cannot lawfully be compensated to go against your own interest. He cannot make decisions that harm you, or get paid by someone else. His duty of loyalty and representation is owed to you and not to someone else. While you can ask your attorney, it is highly unlikely that he is going to tell you (if he is indeed being paid by someone else), although it is likewise unlikely that he is being compensated by the other side as that can cost him his bar license if you can prove it. There is no form for you to sign, it is simply understood that accepting paying that goes against your interest is an ethical violation for which you can report him to the county bar association and pursue a grievance.

Good luck.

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