Lately we had disagreement with our current lawyer about the quality of counsel in trial and missrapresentation issues. We saw a different lawyer yesterday and talked about taking over all our cases. He told us he will take three days to come back to us, after also talking/asking questions to the senior partner of the opposite party. When we came home, we found out that the current lawyer had submitted a withdrawal notice from all our cases. Should we inform the potential lawyer of the letter?
Did you authorize the potential attorney to contact the opposing counsel? As the potential lawyer knew you were already represented by counsel and had no knowledge of the withdrawal by your former counsel, such an act of calling this opposing attorney is unorthodox. As for your former counsel, generally you should come to a mutual agreement that you decided to part ways with your attorney. The attorney really showed how unenthusiastic he or she was by filing withdrawal papers without communicating his or her intention to withdraw. If the new attorney decides not to represent you, you have the right to contest your "former" attorney's withdrawal. If you are nearing or at trial, your "former" attorney's withdrawal would be denied by the judge. In some cases, opposing party/counsel can contest the withdrawal as well (e.g. if it is going to cause a delay, etc...) While this potential new attorney takes his three days, I would suggest consulting with other attorneys during this time. Technically, until the attorney decides to take your case and enter an entry of appearance on your behalf, the attorney should not inform anybody that they have even spoken to you.
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The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.
Yup. Good luck with your new counsel! Someone who's unenthusiastic about representing you isn't going to do a good job. Let your new lawyer handle all the transfer paperwork and don't communicate with Lawyer #1 any further.
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Listen to Talking about the Law this Sunday at 10am on WCRN radio 830 am and a discussion about accident cases and workers comp. Call in with your question if you wish to talk on the air about the issue generally or email the show the question for off the air comments. This sounds much like an other question I just read on AVVO.