can my lawyer drop me even after already goin to court just 2 days ago? he has asked me to sign a dismissal of attorney . im in the middle of a w/c claim he states iits now not economically feasable for him but all we have to do now is see a mutual dr both parties agree on ...im dissabled for life now due to falling at work .
Country relating to Question: United States
Thank you for your question. In which state is your case proceeding?
Take your time responding. When you have time, I just need to know in which state your case is proceeding. Thanks.
hello i dont think this is working
I can see it now.
Can you see this?
yup i can now thanks
In California, an attorney may withdraw representation only under certain limited circumstances, as identified in California Rule of Professional Conduct 3-700: http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule3700.aspx
It is permissible to request the client to allow the withdrawal, but it is not permissible to force withdraw because it is no longer economically beneficial to the attorney (unless the client has breached an agreement with the attorney).
Does that make sense?
I hope that we are not having technical problems again. You are certainly under no obligation to reply, but I asked if my answer made sense and I did not receive a reply. Take your time, and you can hopefully see this.
no ...im lost basically 2 days ago my case was 'solid" per attr. and a rep from his firm said "oh you should hve opened a serious and willful case, so i called my att. back asking why we dont do thast he said you singed with us we wouldnt do that / i didnt even knbow what any of that ment ,,,,,i asked do i hire someone else? are you going to work hard for me? and i was confused sooo much ..now lawyer has asked me to sign a dissmissal of attorney. i only asked why we didnt talk aboutt that when they came to my home, months ago? now im w/o help and they want me to represent myself
Ok, hold on... are you saying that your attorney's actions do not make sense, or that my answer to your question does not make sense?
i dont understand the form you sent me sorry....
im partially paralized i type with 2 fingers if that
The link that I provided was to the applicable rule of professional conduct. It explains when an attorney must withdraw representation and when an attorney may withdraw representation. No worries about typing with two fingers---I am not rushing you.
The question was whether a California attorney can drop his client because it is not economically feasible for him to do so. The answer is "no".
ok let me try to understand what was sent i guess it doesnt make sense because i dont know what im supposed to put my situation into the awnser??
i still dont see why they have a right to ask me to sign a dismissal? saying now its not economically feasable for them...
They can ask you for a dismissal, but that does not mean that you have to agree to it.
You can say "no".
ok thanks i dont know what to do now ? if i dont sign do they have to represnt me?
If you don't sign, the representation will continue.
An attorney can only stop representation in a matter with the consent of the client or by an order of the court.
should i call them and tell them i wont sign form? should i contact states ethics board?
im so upset i called today and the attorney said call these people theyll represent you then he hung up on me
It is not unethical to ask a client to voluntarily release representation, so there is no function in contacting the licensing board. But if you do not want them to terminate representation, you can simply tell them that you do not wish to terminate representation; they cannot force you to sign.
oh they told me sign the form today and send it back ...im scared of them now ,what if they dont fight for me
if they thought i did something in the form/ it would state that they cant reprsent me because of ethical reasons and not eco. reasons
If they don't fight for your case, then they have violated the rules of professional conduct; they can be reported to the state bar association for an ethics investigation and discipline, and they can be sued for malpractice if there are any damages caused by their failure to perform.
ok whats the next step if i tell them i refused to sign form,and they hang up on me
so by taking my case and sending me to their dr.s and now that were at the ending of our court hearings ,that would be a breech of our contract?
They're not going to like you for refusing to dismiss them as counsel, but they have no obligation to like you---just to competently represent you. If you have decided to stay with them even though they no longer wish to be your counsel, just keep an eye on your case and make sure that they are continuing to work on it. If they do not competently represent you, you can file a complaint and/or sue for malpractice. But as long as they are doing their job, nothing else needs to be done.
Let me know if further clarification is needed, and please remember to leave positive feedback once you are finished; it does not cost anything extra to leave positive feedback, and it is the only way I may be compensated for my time. Thanks.
thank you for you time i know my grammer and typing skills lag i can sleep tonight now god bless
No problem at all--you were easy to understand. I am sorry that I was difficult to understand at times.
i guess im so upset and scared i dont understand the legal wordings ....
Well, hold on...
I understand being scared in a new situation, but do you feel like you know what you are going to do next?
quickly why would a lawyer say its eco. feasible anyways?
It depends on the case, but it is most likely to happen when the attorney is paid based on the outcome (this is called a contingency case). So, for example, if the attorney gets paid 1/3 of the final settlement or judgment.
If the attorney received 1/3 of the final payment, and if it turned out that a case was worth only $300, the attorney would only be entitled to $100.
In that situation, the attorney could easily spend days working on a case only to earn $100 for his/her efforts.
So that is a situation when it might not be feasible.
i guess i will contact them and tell them that im not signing the dismissal form and see what else they say? they are entitled to 15% and belive it or not im not lying im actually disabled now, im confused as to why did they agree to have me see all their dr.s and then go to court to just opt out now,,,when i was sent back to work i was 90 days from surgery and the work didnt listen to dr.s letter,,do you in you opinion,, feel like they sent a letter because i was upset that thier rep stated a S/W CASE AND I ASKED THEM ABOUT THAT?
I have no reason to doubt that you are disabled. A case can change as it progresses--sometimes, the attorney will start off believing that the case is worth a certain amount, but the attorney finds out that it is worth less once more information is collected. That is probably what happened in your case.
OK but why tell me i have a solid case,,,before i was upset about the s/w ? issue .. any ways i guess ill not sign forms.and hope to god that i dont get the worst,,, they told me i had a great case,,even after court,,alls i was to do was see a dr for both parties ....
I can't tell you why they don't want to work with you any longer, but it does not matter. The general rule is that an attorney cannot discharge a client because the case is not worth what they expected.
well thank you for all you time
My pleasure, and remember: you don't have to sign a dismissal.
Attorney experienced in numerous areas of law.
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