Legal Question in Legal Ethics in California
Termination Of Services(?)
May a plaintiff attorney, contracted for contingent fee services, simply elect
to 'withdraw' from a civil case because of extraneous developments otherwise
unrelated to the specific case at hand? In other words, if an intervening
appellate ruling negatively impacts the case for which he has contracted(making
it very expensive to continue pursuing it as a result), may the attorney request
to withdraw or attempt to renegotiate terms of the representation agreement? If
yes, under what general terms - and must that attorney locate alternate counsel
of similar experience for the plaintiff? (The agreement does not provide for
arbitration, and stipulates only what benefits accrue to lawyer if the CLIENT
terminates services - and is silent on any situation such as this). What's the
deal? Just because something extraneous happens to make the deal less
lucrative while the case is ongoing, why should the client suffer? Isn't that the
risk of any business transaction???
1 Answer from Attorneys
Re: Termination Of Services(?)
if the client will not let him go then he must get permission from the court.