Legal Question in Legal Malpractice in California

I am in the middle of an arbitration malpractice lawsuit and have asked my attorney some questions pertaining to the lawsuit and she responded by asking me to seek new counsel can she quit during the lawsuit she is on contingency

Asked on 8/11/09, 9:38 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Of course she can quit, just like you can. It usually happens when the attorney realizes the case isn't worth pursuing, or when dealing with the client becomes too much trouble. You now need a second opinion whether to continue, and to find an attorney willing to take the case. If serious about consulting for that, feel free to contact me.

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Answered on 8/11/09, 2:07 pm
Larry L. Doan Law Office of Larry L. Doan

Are you in an arbitration proceedings or a lawsuit where a case has been filed with the court? A lawyer can withdraw for certain causes in the middle of a case. If it's a case in court, counsel can only withdraw with permission of the judge after filing a motion to withdraw served upon you even if she's retained on a contingent basis. If it is an arbitration, it depends on those rules and she might be able to withdraw by just notifying the arbitrator. It sounds like she's asking you to try to get new counsel first before she has to file the motion to withdraw.

Larry L. Doan, Esq.

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Answered on 8/11/09, 2:11 pm

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