How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1076
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Personal Injury Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

Hypothetical Case: A nonprofit was helping an individual

Customer Question

Hypothetical Case: A nonprofit was helping an individual probono. After winning administrative hearings for the individual, the nonprofit was ready to proceed further to a higher court to sue for damages for the individual. However, due to health reasons,
the individual wanted to delay filing of the lawsuit till the individual was better able to testify in court and the SOL allowed for a lot of time to begin the case. The nonprofit decided not to accommodate the disability of the individual through delaying
the filing of the lawsuit and terminated their representation agreement. If the individual ended up engaging a paid lawyer who did a haphazard job, can the individual still sue the nonprofit for not accomodating the individual's disability and prematurely
terminating their representation of the individual? And would this qualify as a legal malpractice suit against the nonprofit?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  richanne96 replied 1 year ago.
A non-profit does not have any legal responsibility to represent anyone pro bono. If they choose to represent someone pro bono, they are free to limit that gift of pro bono representation to accommodate their own schedule. It sounds like the pro bono representation concluded with a successful outcome at the administrative level. If the representation agreement stated that the representation would include filing a lawsuit and the non-profit breached that agreement, and the individual did not do anything to trigger allowing the non-profit to terminate, then there could be a claim for breach of contract. It would depend on the language of the agreement. But it is not malpractice to terminate a representation.