Legal Question in Business Law in New York

Cancellation of contract

If you sign a contract for legal representation(after being involved in auto accident)and you decide that the atty was not on the ''up and up'', can you cancel the agreement, and if so, how much time do you have?


Asked on 10/19/06, 11:17 pm

5 Answers from Attorneys

David Simon Hogan & Rossi

Re: Cancellation of contract

There is no time limit. The simplest way is to find a new attorney and request he send the first a consent to change attorney form, then let them figure out how any fee should be split based on how much work the first attorney actually did on the case.

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Answered on 10/20/06, 2:19 am
Alani Golanski Alani Golanski, Esq.

Re: Cancellation of contract

The New York Court of Appeals long ago concluded that a client has an absolute right to dismiss his or her attorney at any time with or without cause. If the attorney has worked on the case, he or she will likely be entitled to some compensation or, under a contingency agreement, to some portion of the recovery. But your later attorney should work that our with the prior attorney, and will also know which papers to file to effectuate a substitution of counsel.

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Answered on 10/20/06, 7:42 am
Scott Levinson Korybski & Levinson

Re: Cancellation of contract

By "contract" I assume you mean a retainer for legal services. You have the right to an attorney of your choice. There is no time limit should you decide to switch attorneys. Depending on how much work was done by your initial attorney, he may be entitled to some percentage and, at the very least, any costs that may have been laid out, but in the end that should not affect the percentage you would eventually receive should you settle or get a judgment. Rather, that would be something worked out with the new attorney. Please feel free to contact me should you have any further questions on this or any other legal matter.

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Answered on 10/20/06, 9:09 am
PETER W. YOARS JR. Knox McLaughlin Gornall & Sennett, PC

Re: Cancellation of contract

When you say contract, I am going to assume that you mean continency retainer. You can cancel the agreement at any time since you have a right to the attorney of your choosing. There is no financial harm to you if you choose to hire another attorney. Please do not hesitate to contact me regarding this or any other matter.

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Answered on 10/20/06, 10:28 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Cancellation of contract

simply find another attorney, hire him, and let them worry about the cancellation. Feel free to contact me regarding this matter. 2127098303

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Answered on 10/26/06, 1:23 pm


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