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

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??!!!

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Attorney answers 3

Posted

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.

Asker

Posted

Hello. Thanks for your answer. This is the initial filing. No party has been dismissed.

Posted

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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.