my laywer has a set trial date in place but when we had our mediation and offers were not met and ended mediation my layer said his firm didnt have the funds to take me to trial he said he was going to have to resign then 10 min later said i had to fire him im not wanting to have to fire him he has trial set but hes not going to represent me there what do i do can i sue him if he dont resign and i have to fire him so he can get paid this is a personal injury case he has ben my laywer for 2 yrs and has stated he will take this for trial since day one and now hes scared hell lose because the other represntation is alstate ins comp. what can i do ?
He should withdraw so he does not claim a fee later. That's disingenuous of him to tell you to fire him. Consult with another lawyer right away to get a second opinion to make sure there is not a complication with your case that is the reason your lawyer has lost confidence before tou make any decisions.
Tell him that he has to withdraw because you do not want to terminate him.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
Before you do anything else, immediately try to find another attorney. Search avvo, call your state's trial lawyers association, ask those you trust and respect for recommendations. Then start calling and interviewing. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
It sounds like there may be a miscommunication between you and your lawyer. Try to talk to him or ask him to explain, in writing, why he wants to withdraw and why he prefers to have you fire him as opposed to simply withdraw. Whether you fire him or he withdraws, he is still entitled to the reasonable value of his work in most circumstances under Florida law. Your main goal should be to ensure that the end of your relationship does not prejudice your case prior to trial and that you hire a new lawyer who tries cases. Not all lawyers are willing to try cases. However, if your case has merit, finding a new lawyer, such as myself, or another Tampa Bay lawyer, shouldn't be hard to do. Good luck. www.erlitigators.com
The likely reason he's asking you to fire him is that the court may deny his request to withdraw and then he'd be "stuck" representing you. A judge cannot make him stay on the case if you fire him. You must look to your retainer agreement. The terms of termination should be clearly spelled out there. You may want to cut him some slack if he already has more time--which is a lawyer's stock and trade--into case then he could hope to be compensated for if he and you won at trial. He probably spent an inordinate amount of time attempting to reach resolution in mediation and now simply has either lost some interest or faith in the case. How far off is trial? Yes, get busy attempting to find new representation, or be willing to offer him a bigger piece of the pie. Perhaps offer to pay something to him out of pocket, or be willing to up the contingency from 1/3 to 40%. Lawyers have bills to pay too. It doesn't make him a bad guy, but you have to protect yourself so weigh these options and take action. Remember, it's your case and you are the master of your own destiny. Good luck.
I have to say that I very much agree with the majority of my colleagues' answers, responses and opinions offered in reply to your questions. I likewise has to add that I am, well, let's say very much confused, to be polite, by those offered by one or two (unless they have some knowledge of the Agreement for Legal Reprentation which you negotiated and ultimately signed with your current attorney, the terms of which, unless they are extremely unusual and therefore void ab initio or voidable (which no one could possibly know based upon the information provided in your question as posed), are binding upon each of you. In contingency fee cases, which certainly sounds like the kind of case and therefore the kind of contract (i.e. a contingency fee agreement) which is at issue here, the Florida Bar has a standard contract which it would prefer that lawyers make every effort to utilize absent unusual circumstances calling for modifications. This "standard" contingency fee agreement, which about 99% of licensed Florida attorneys present to their clients in about 99% of their personal injury cases, also should be accompanied by a Statement of Client's Rights, another standardized form which the Bar asks licensed Florida attorneys to also present to their clients who have signed contingency fee agreements. Unless you and your current counsel came to an agreement and made same part of your contract governing this matter, by which he or she has reserved the right to withdraw simply because the case did not resolve by negotiated settlement, that is not a basis for withdrawal. The very reason why the percentage which lawyers are forced to request in these standard agreements is because we incur all of the risk that we may have to expend costs in pursuit of an appropriate remedy under the circumstances. Whoever said some lawyers don't try cases might be right, but they better utilize a contract that provides for the decreased risk which they would then be forced to bear. Next, I also disagree that discharge versus withdrawal will have the same net result. If he wants to breach the agreement, make him stand in front of the court and do it. I have no idea who your lawyer is; I have never sued a colleague nor have I ever pursued a Bar complaint against one. I have never filed the more and more commonplace Motions for Sanctions, which are in poor taste in my opinion and generally are filed by the more unprofessional and/or unethical practitioner involved in a matter than the converse. Anyone who wants to debate this issue, I am more than happy to do so. I am not seeking to disparage a colleague, particularly when I have no idea who it is, and admit that I do not know all of the facts and circumstances of this situation, but absent a truly unusual facet of this matter which has not yet been revealed, situations of this sort fuel the fire that lobbyists and special interest groups seeking tort reform love to lodge against plaintiffs' lawyers, generally successfully, to our common detriment. All of that aside, it is also just plain bad practice. If he or she has encountered a health problem; been financially devastated by something about which you could not be aware, or has some other situation affecting his or her practice, then the proper course is to discuss that issue with you frankly. I will agree with one point voice by those with whom I disagree...at the end of the day, you do not want this lawyer trying your case. Best regards and good luck to you, David B. Dohner, Esq.
Please note that any commentary or response offered through this site is based on the limited set of facts and background data supplied by the individual framing the question and would in all likelihood require more investigation before a complete response could properly be framed to thoroughly answer the question posed. No attorney-client relationship is, or should be presumed to be, formed through the comments or responses provided to the individual posing the question, as a courtesy, here.
Regardless it reads there has been a serious breach in your relationship. Allstate in my experience rarely settles claims without a trial. If you consider new counsel I would discuss with you and I'm in your geographic area. Www.lavelylaw,com. (941) 747-7994
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline