Legal Question in Legal Malpractice in Florida

Attorney Abandonment

We have a pending case in Fl. with a prominent law firm. We had to ask the senior member of the firm to take over the case from his associate. This is a construction case since January of 2005. We have hired forensic and structural engineers. The house is evidence which has been determined uninhabitable. This law firm has received over $100,000 in legal fees from us. The oposing attorney raised an issue that the associate had the wrong name on the suit and filed a Motion to Collect Legal Fees from us. The opposing attorney in his first motion to dismiss the case raised the issue and now states that our law firm continued to conduct legal pursuit knowingly that the wrong name was on the suit. The Senior partner with whom we have a contract along with another associate in the firm billed us for all actions to review this motion. We asked the Senior partner to credit our account for these charges or give us the name of the first associates malpractice carrier. The senior partner now has said he no longer will represent us due to our request. We are at the eleventh hour ready for depositions and he wants to bail out of the case. Can he legally just drop the case and walk out after $100,000 in legal fees and two years of work?


Asked on 1/06/07, 10:25 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Attorney Abandonment

It depends on what your agreement is with him (take a look at your contract). It will also depend on whether the judge will allow him to withdraw, if you voice an objection to his motion to withdraw.

If they did screw it up . . . . do you want them to continue. You should probably consult an attorney that handles legal malpractice matters to fully discuss the facts, the case and your options. I would be happy to do so if you wish.

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Answered on 1/06/07, 10:55 am


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