My opposing attorney is trying to deceive my lawyer who won't listen. What can I do?

Asked over 1 year ago - New York, NY

My opposing attorney is trying to get my attorney to amend our complaint to a another party who was not my employer in my discrimination case. Can I fire my attorney if she won't listen? If she amends to name the wrong party my case can be dismissed??!!!

Attorney answers (3)

  1. Ronald C. Burke

    Contributor Level 8


    Lawyers agree

    Answered . You have the right to discharge your attorney and substitute another even without cause. That attorney still has the right to be paid, unless they were fired for cause. If this is a contingency fee case, the outgoing attorney has the right to claim a lien on any recovery and unless both lawyers agree, The Court will decide how to allocate the attorneys fees between the outgoing and incoming attorneys.
    If your attorney amends the Summons and Complaint to add another party--and as you say, adds the wrong party, only that party will be entitled to a dismissal. However, the fact that you were blaming another party who was dismissed may raise other issues which possibly could be used against you.

  2. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . You are always free to change lawyers but I suggest you try to have an office consultation first to try and get on the same page.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Jayson Lutzky


    Contributor Level 20


    Lawyer agrees

    Answered . It is your case. If you wish to change lawyers, then you can.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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