Legal Question in Medical Malpractice in Florida

It is a recurring problem with some lawyers and it is a horrible way some practice law. You always have the right to obtain a replacement lawyer, but that can be quite complicated. Generally, if you discharge a lawyer he or she will have a lien for fees. If the lawyer quits without cause, then the lawyer has no lien for fees. A fee lien will often be a great discouragement to another lawyer getting involved in your case.

In my personal opinion, a lawyer threatening to withdraw when the client simply wants to proceed with the case can, and often is, unethical. Most of the time, though, the threat is never in writing and the lawyer later denies it ever happened. Try to get the threat in writing by e-mail or otherwise so that the lawyer's position is clear. That will allow any potential lawyer to assess whether there will be a lien and how you should best proceed to reduce the likelihood that there will be a lien.

The first place to make a determination of withdrawal rights is to look at your contract. Some lawyers put clauses in their contract that give them significant leverage in these circumstances. Of course, remember as well, that your lawyers advice may be correct and the best course. You should seek some independent advice about your specific predicament.

You need to have trust and faith in your attorney that they are protecting your interests. If for whatever reason the attorney or you decide that they case cannot move forward, than he can withdraw and/or you can terminate him. threatening is not an appropriate action for an attorney. If the attorney believes they case cannot move forward for whatever reason he has an obligation to advise the client of those problems and take whatever action he believes is necessary. Review your case with another attorney to assist you in deciding what to do.