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???


Asked on 6/01/01, 11:13 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Termination Of Services(?)

if the client will not let him go then he must get permission from the court.

Read more
Answered on 8/09/01, 3:19 am


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