Legal Question in Business Law in California

Re: contingency agreement

It depends on what stage the representation is at, what kind of case it is, etc. The court will let him out of the case, whether this a breach of your contract depends what the contract says. Usually attorneys withdraw when there is no money in the case or the client is being unreasonable.

Re: contingency agreement

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You need to read the agreement carefully. Whether you enter an hourly fee agreement, a contingency fee agreement, or any other fee agreement, there is often a provision for when the parties may cancel the agreement, "for cause" or "without cause". You should immediately consult your own attorney to protect your legal rights.

Re: contingency agreement

Once a lawsuit is filed, an attorney cannot quit. The attorney can be fired at any time by the client or the attorney can ask the court for permission to withdraw from representation.

In order for the court to allow the attorney to withdraw, the attorney will need to give good cause for the request. In a contingency case that is pretty much limited to a lack of co-operation from the client.

Prior to the filing of a lawsuit, however, the attorney can quit.

Re: contingency agreement

Both client and attorney can withdraw at almost any time their relationship 'breaks down'. Attorneys occasionally have to 'fire' a client, and vice versa. The attorney can do so either by a Substitution of Attorney signed by the client, or by court order if the client refuses to cooperate. All these issues are covered in a properly drawn Retainer Agreement as required by the State Bar. Withdrawal should be done early, rather than later. If attempted just before trial, then potential prejudice to the client might prevent the withdrawal. Withdrawing does not cancel the agreement regarding fees and recovery; the attorney is still entitled to make a claim upon recovery, if appropriate. This usually happens when the attorney obtains a reasonable settlement offer the client refuses to take and demands to go to trial, and the attorney decides it would be a waste of time to go to trial because the client couldn't do 'better' at trial. That Retainer Agreement is a contract for services, not servitude.