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#1
08-26-2008, 04:04 PM
 Can a lawyer legally drop its own client's case, and then charge for their services? (NO OT Please...) My mother traveled out of town to the courthouse today for the hearing. However, when she got there, her lawyer said "I've dropped your case. Now you're being countersued. However, you still owe me for my time in this."  WTF!?The laywer, on the day of, drops my mother's case, without her consent, and then tells her that she still owes him for his work. Now, I don't mean that he dropped her case in a sense that he backed out to let her handle it on her own. No, it's even worse than that - he specifically told the court / judge / whoever to drop the case; that they weren't pursuing it anymore!  Is this legal? Can he do that??!?! And on top of that, can he still charge her for his time? She's royally upset right now, and I'm extremely pissed! Unfortunately, I know very little about the legal system, and I have no idea if the lawyer is in his right to do this or not. Please help! 
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Multi-Quote| 08-26-2008, 04:04 PM | |
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#2
08-26-2008, 04:08 PM
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I wouldn't think it would be legal for him to drop her case.
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#3
08-26-2008, 04:15 PM
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She needs to hire a new lawyer and find out what her rights are.
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#4
08-26-2008, 04:19 PM
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I know she's extremely afraid though of hiring another lawyer, for fear that it will turn out the same way as the first.
 Jex: I wouldn't think so either! But quite honestly, I have no idea... |
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#5
08-26-2008, 04:21 PM
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Your best bet is to get all the facts surrounding the deal your mom had with the lawyer - ie, fee arrangement, when she was to pay, etc, etc. Once you do that she should contact the State Bar and talk to them. They may be able to provide a correct course of action.
Generally, a lawyer may withdraw from a case for certain reasons. That's why you should get all the facts to see if perhaps that's why the lawyer did what he did (not taking into consideration whether or not it was justified). However, a lawyer should also give timely notice before withdrawal. Best of luck. |
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#6
08-26-2008, 04:22 PM
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Did he say why he dropped her case? Did he determine she didn't have grounds for it? (Even if, he should have told her before dropping it on his own)
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#7
08-26-2008, 04:25 PM
And of course, I'll try to enlist the help of those places similar to what you mentioned.
Last edited by ElectroWolf; 08-26-2008 at 04:25 PM.. Reason: Automerged Doublepost |
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#8
08-26-2008, 04:29 PM
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Isnt SOB a lawyer or does he just play one on SD
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#9
08-26-2008, 04:31 PM
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#10
08-26-2008, 04:36 PM
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Well, as with any hired person, they can resign or ask to be relieved of duty for whatever reason. This doesn't mean that that person can't get paid for the work that was already done. In the case of a lawyer, he/she should still get paid for whatever work he/she was completed pretrial (research, paperwork, trial motions, depositions, etc.).
For example, let's say you hire a contractor to do a project in your home. If the contractor ends up quiting the job for whatever reason, you can't get all your deposit back and not pay him for the work that he's already completed or started. |
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#11
08-26-2008, 04:38 PM
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#12
08-26-2008, 04:40 PM
But I don't see that as a comparative analogy with regards to what's going on. In my mother's case, the lawyer actually dropped the case altogether - meaning that he told the court that they were no longer suing (without asking my mother!). With regards to your analogy, I would compare it to a contractor to building a home. You tell the contractor that you want a new house. The contractor then builds most of the house. But just before it's finished, he says "nah, I don't like it", burns it all down, and then wants you to still pay him. Where's the sense / legality in that?
Last edited by ElectroWolf; 08-26-2008 at 04:40 PM.. Reason: Automerged Doublepost |
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#13
08-26-2008, 04:43 PM
You may want to be sure of all the facts. He can't close the case but he can drop it and tell her to find another lawyer, while demanding money that is owed for his services up to that point. |
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#14
08-26-2008, 04:44 PM
If those were the terms, then your mom doesn't owe the lawyer anything. I do agree that the lawyer was messed up. I think though that if you mom acts quickly, she can go back and get the case going again. She should also contact the state board on any recourse for what the lawyer has done. |
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#15
08-26-2008, 05:01 PM
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In a civil action, the attorney may withdraw from the case. He/she should have contacted your mother before doing so, however, and given reason for the decision.
I rather doubt that the case has been "closed" with the court. The attorney would have to have your mother's agreement to ask for dismissal of the case before the court. Reason to do so are varied, but you are going by what your mother said, not what may have actually transpired. As to fees, it depends on the contract between your mother and her (now) previous attorney as to the amount charged if the attorney resigns from the case. Too much to guess at here. Your mother needs to contact another attorney and turn the file over to them. This is no reason for her to "be afraid" of another attorney. An new attorney may decide the case is without merit, or a host of other reasons for the case to not be pursued. Conversely, a new attorney may feel her case is the best ever and launch all of their efforts into prosecuting the case. Before this gets complicated by guess-work, just have your mom speak to a new attorney. If she really has a case, she should be able to find another attorney without much of a problem. Last edited by Sonofabeech; 08-26-2008 at 05:03 PM.. |
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