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WHAT IS A ETHIC CLAUSE ? AND IS A LAWYER ALOUD TO DROP OUT OF A TRIAL AFTER BEING PAID 8,000 AND NO CAUSE OF IT WAS THE ETHIC

Denver, CO |

CHILD ABUSE CARE RESULTING IN DEATH CAUSE U PLEASE HELP

Attorney Answers 3

Posted

You are talking about two things. First, the Colorado Rules of Professional Conduct. Second, your agreement.

If a lawyer has been retained in a court case, the can only withdraw with approval of the court. The lawyer does not need "cause" and they can decide to try to withdraw for any number of reasons and most are stated in their engagement agreement. If the court granted them the right to withdraw, that is that. You have no malpractice claim related to that withdrawal and no breach of contract claim unless their contract said they could not withdraw.

Now, could you have a malpractice claim? That all depends on what they did and did not do and the facts. But, as I said, if they have court approval to withdraw (and they did all required notice under the rules) and the contract allows them to withdraw, you can't claim malpractice or breach. As always, your contract and your facts govern your rights and your two setnces are hardly enough to know what is going on and your rights. Good luck.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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3 comments

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Good counsel.

Robert John Murillo

Robert John Murillo

Posted

Thank you, Rixon.

John Joseph Westerhaus

John Joseph Westerhaus

Posted

Seconded -- excellent answer.

Posted

Not sure I am understanding. Can you clarify just a bit?

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

As my colleague noted, an attorney can seek to drop out of a case for any number of reasons. Depending on the status of the case, he will need to seek permission of the court to withdraw.

If you paid the attorney a fee, you should review your retainer agreement and see whether the fee is refundable. If it is, you should seek a refund of any money that the attorney has not yet earned through time spent on your case as well as any appropriate expenses.

Whether you have been harmed by having the attorney drop out of the case is another matter. a legal malpractice attorney can help you there.

As far as what is an ethics clause, many fee agreements between lawyers and clients will note that the lawyer may withdraw at any point for ethical reasons. Even if the retainer agreement does not note this, a lawyer may withdraw for ethical reasons.

We attorneys have ethical rules we must follow. They are numerous, so it would be impossible for us to know the reason for your attorney's withdrawal. You can certainly ask him why he chose to withdraw.

I would suggest that you focus on finding another attorney now and worry about the money and the old attorney later.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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