Legal Question in Legal Ethics in Delaware

Changing the rules?

I contacted an attorney to represent me in a lawsuit.He told me that he felt that they were suing the wrong person and that it would only be a matter of answering the complaint and a few other matters.Therefore, he would only charge me for his time. Two Months later,he sends me a letter demanding a $2500.00 retainer, with no explanation, only that he needed the retainer to initiate the first part of my case.I talked to his para-legal and told her that I did not agree with the new terms and that I would like him to send me a bill,I would pay him and seek another attorney.After talking to a new attorney, I find that the two of them are friends. The new attorney calls me and tells me I need to get back with his friend, as he had already answered the complaint, therefore, he would not handle my case, unless we could not reach an agreement. I emailed the first attorney, reiterating my position. I have not heard back from him.Do I not have the right to terminate my dealings with him and seek another attorney? Also, I heard nothing from him for two Months after I hired him. Nothing about what he had done on my behalf, etc. What do you think I should do? I am worried sick.


Asked on 1/10/02, 10:18 am

1 Answer from Attorneys
Stanley Spring Spring & Spring, LLC

Re: Changing the rules?

You always have the right to discharge an attorney and his services. I believe your position is quite correct that you are entitled to a detailed accounting for services rendered to the date of discharge, pay the bill, and get another attorney. From a litigant's standpoint, you might wish to consider having a motion for substitution of counsel filed ( the old and new jointly advise the court there's a new attorney)

rather than simply have the old one file a motion to withdraw. Also, I suggest you contact the State Bar Association where you are. They will be happy to fully advise you regarding your rights as a client as it relates to attorney's fees due and payable. There may be a requirement in your state that attorneys are required to have written contracts which is common in some to avoid the situation you have described.

Hope that helps.

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Answered on 1/10/02, 10:35 am


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