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Infolawyer, Attorney
Category: Personal Injury Law
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Experience:  Licensed attorney helping individuals and businesses.
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Hypothetical Case: A nonprofit was helping an individual

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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: 2 years ago.
Category: Personal Injury Law
Expert:  richanne96 replied 2 years 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.

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