Legal Question in Legal Ethics in California
Hi, I am involved in a slip and fall lawsuit. The lawyer I hired said he does these all the time
and that my case was good and that he was excited to learn that opposing counsel was someone he knew and that respected him. This was important he said.
My mother also has a lawsuit with him for a bus accident. My lawyer called last week and said that he was giving my case to another attorney in his firm because of 1: conflict of interest (because of my mother's case), and 2: because he doesn't do a lot of slip and fall cases.
The reason I hired this attorney was because of his experience. I do not feel it's best that he pass my case off to another lawyer. He lied to me when he said that he doesn't do slip and fall cases all the time. Or he lied to me at first when he told me this is what he does these all the time.
The case is due to be deposed soon. I believe that he lied to me because of his biased position
against me; My mother's husband recently attacked me and she sent emails to my doctors and my lawyer lying, saying I attacked him. After this, my mother and step-father told the truth to
my attorney, that he did attack me, but I feel my attorney's opinion of me was changed because
of the emails she lied in and he didn't want "the conflict of interest".
Her case is worth more money. I did nothing wrong to make him change his mind. I want him to continue representing me. When I said I was not happy with his choice because I wanted him in the deposition and/or courtroom because opposing counsel knew him, he replied, "They will feel my presence even though I am not there.".
Can my attorney blow me off like this? I just finished my interrogatories and believed I was paying HIM to be my attorney, not some new guy that doesn't have the same experience or
connection with opposing counsel.
How do I politely suggest to him that I want him to continue my case? What are my rights?
2 Answers from Attorneys
It is refreshing that someone posted a question like this in the correct category.
In California, you cannot force someone to be your attorney. As a client, you have the right to fire your attorney at any time, with or without cause. As an attorney, he can ask that you substitute him out of the case as your attorney, and if you do not comply, he can simply file a motion to be relieved as counsel. If he fills out the paperwork correctly, a trial court is not going to force him to remain as your attorney.
I don't see the conflict of interest, but having another attorney in the firm handle the case does not necessarily solve the conflict of interest problem, which must be deeper than what you relate here.
A slip and fall case is basically a "personal injury" case and personal injury attorneys handle these on a contingency basis. That means that the attorney does not get paid unless there is a recovery in your favor. I've never heard of a personal injury case where you are paying the attorney, it is extremely rare.
I personally suggest you look into getting a real personal injury attorney.
Mr. Roach is correct. I would just add that when you signed the retainer letter with this attorney, you probably hired his firm, not just him. So it is perfectly reasonable for him to have other attorneys in the firm work on the case. It is also perfectly reasonable under the circumstances you describe for you to be dissatisfied, but that is not a violation of any professional obligation or ethical rule. It's just bad client service. I agree that you should look into finding another attorney.
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