Legal Question in Legal Malpractice in Maryland
transfer of client's contract
May a law firm transfer a retainer agreement/ contract of a current client to - an attorney no longer working for their practice without -the client's consent? Is the client's financial obligation solely with the firm which produced the only contractual agreement?
1 Answer from Attorneys
Re: transfer of client's contract
The firm cannot do this without the client's consent. The client always has the right to choose who will represent them. When an attorney who was working for a client leaves the firm, the client can either (1) stay with that attorney, (2) stay with the firm, or (3) seek new representation elsewhere. In these situations, the lawyer or someone at the firm should notify the client of the attorney's departure and explain his/her options as outlined above. Of course, the client remains responsible for payment of fees for services performed by the firm prior to the attorney's departure.
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