Legal Question in Personal Injury in Massachusetts
Discharged Lawyer
Can a lawyer, who has been discharged, sign that clients name to a medical release form five months after he has been discharged? Also, can he continue to work on the case he, has been discharged (for misconduct), without the clients knowledge?
Thank You
2 Answers from Attorneys
Discharged Lawyer still doing things.
If you gave the attorney notice of the discharge, the attorney CANNOT take any further actions in your behalf. The reason for the discharge does not make a difference.
If the matter is pending in court, the attorney must try to seek the court's permission to withdraw. Usually these are given without much of problem.
Obviously there may be other complications. If you need assistance or have any other questions, contact me.
Re: Discharged Lawyer
The short answer is that a lawyer who has been discharged by his client cannot take ANY further actions on behalf of that client, nor can he or she do anything that implies that he or she still represents you.
Also, lawyers generally cannot sign medical releases on behalf of their clients. Federal law called HIPAA requires the client/patient to sign such releases before any medical provider can release those records to anyone but the patient.
The best way to make sure the former lawyer stops pretending to represent you is to retain new counsel as soon as possible.