Legal Question in Legal Ethics in California

Re: Attorney backing out of contract.

he has the right, and a duty, to back out of the case if the illness has created a situation where he feels that he can no longer competantly represent you and he must return any money that is unearned.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201

Re: Attorney backing out of contract.

No, he cannot just "back out". If you do not agree with his

terminating your relationship, and he is your attorney of record,

the attorney must apply to the court for permission to withdraw.

Under the circumstances, the court is likley to grant permission,

if this is not a critical time in the case.

The refund should be of all unearned amounts.

I do not undertand your comment about being forced to hire

another attorney at $2,000. If there is that much work left,

you would have had to pay this attorney additional fees in

any event. I agree that there may be some loss of time in transferring

attorneys, as the new attorney familiarizes him/herself with the

matter. There is no ethical rule that forces this cost upon

the prior attorney, but a fee arbitration through the local Bar

Association may agree with your view.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910