Legal Question in Legal Ethics in Pennsylvania

rules & decisions stopping an attorney from withdrawing from representing a clie

I filed a lawsuit fro medical malpractice leading to wrongful death of my father in Philadephia, PA. I got only one lawyer to accept the case because my father was 87 years old and retired when he died. Therefore, not much money could be won from the lawsuit.

The attorney that I hired accepted the case on contingency, knowing full well that no other attorney would take the case after I tried to find one over 2 years time.

Recently, my attorney asked me for $20,000 as a ''retainer'' because he did not think that he would win much money on the lawsit. He did not get this money & he filed to withdraw from the case. I filed my answer to the Philadelphia Court of Common Pleas to stop my lawyer from withdrawing from the case because I cannot get any other attorney to take the case, I do not have $20,000 and I will be left without any representation.

I want a research done of all of the case laws, rules and court decisions that I can use as legal precidents when I go before the Court Judge next week to defend my request that my lawyer not be allowed to withdraw from my lawsuit for the reasons I mentioned above.


Asked on 4/02/01, 6:51 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: rules & decisions stopping an attorney from withdrawing from representing a

I don't want to make light of what is certainly a serious situation. As a plaintiff's attorney, I've faced the situation where a case becames untenable. Our office policy is to try to find another attorney to take the case, but if that fails, to withdraw. We don't ask for retainers. Whether your attorney could properly ask for that money would depend on the terms of the fee agreement. Maybe the form your attorney uses permits him to withdraw or change the terms; maybe it doesn't; maybe it's silent on the issue.

However, generally an attorney retainer agreement or contingent fee contract is terminable at will. That means either side can end the representation at any time.

I assume that when you say you want a rush research job of all the relevant precedents, you want this done for free. Do you understand that perhaps attorneys, as public spirited as we are, might not be thrilled at doing extensive legal research without pay (you're asked for perhaps 4 hours of work) so another attorney can be compelled to stay on a case against his will without pay?

I'm not expressing any opinion on the merits of your case, or your attorney's request to withdraw. I'm just trying to explain some of the dynamics.

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Answered on 6/06/01, 8:38 am


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