Legal Question in Legal Ethics in Virginia

ETHICAL BELIEVE IT OR NOT

After a 2 � hour meeting to discuss my claim in a VA workers compensation matter, I signed a retainer agreement with a very highly respected personal injury/workers' compensation firm.

(Being a workers' comp matter the retainer agreement entailed no up front consideration).

I had been functioning pro se for about 90 days prior to retaining counsel and a hearing on the claim had previously been docketed for a date 63 days after the date the retainer agreement was executed.

I then received direction to undertake one final action as a pro se litigant and was told the attorney would enter her appearance and respond to an expected employer motion in response to my action.

Twenty three (23) days passed and no appearance was entered. On the 23 day I engaged in a phone conversation with an associate of the attorney I had retained and was advised to use an attorney I had employed two years earlier on a separate and distinct claim. [this claim and the identity of attorney who litigated it was disclosed and discussed prior to execution of the retainer agreement]. I reminded him [the associate] of the retainer agreement, reiterated I did not intend to re-employ the previous attorney, and requested a face to face to discuss what was going on.

Five days later [28 days after executing the retainer agreement] I received correspondence from the firm stating they would not handle my case and urging me again to re-employ the previous attorney. The fact of the retainer agreement was ignored.

The following day a MOTION TO CONTINUE was filed by employers counsel based on the allegation that I had failed to cooperate in attending and rescheduling scheduling my discovery deposition which had been previously noticed for a date 21 days after the date of the retainer agreement.

The employers Motion stated that: 1.) on a date 20 days after I had retained my attorney, counsel for the employer had been contacted by the associate of my attorney, who represented that an appearance would be entered on my behalf. 2.) three days later the same associate contacted counsel for the employer and stated the firm I had retained was considering not representing me. 3.) five days after that [28 days after executing the retainer agreement] the same associate contacted employers counsel to confirm they would not represent me.

The contact between the firm I retained and employers counsel occurred with out my knowledge and/or consent. Of course I understand item 1.) above. But I have a genuine problem with items 2.) and 3.).

QUESTIONS

Is it the case that because no consideration accompanied the retainer agreement it can be renounced at will by the attorney and/or firm bound by the agreement?

Do the Virginia rules of ethics and professional responsibility allow for such behavior from an attorney in the face of a valid retainer agreement?

1 Answer from Attorneys

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