Legal Question in Personal Injury in Maryland

If I fire my attorney (before being able to find another attorney), do the attorney have a right to close my case with the court without my permission? How do I make sure my case doesn't get closed with the court? Since the attorney haven't filed a lawsuit, have received information from the defendants and no settlement offer, do the attorney supposed to notify the defendant's attorney they'd have to contact me directly now? Thanks.

Asked on 3/18/16, 3:19 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You have an absolute right to fire your attorney. He or she would then be obliged to return your file, including everything except papers they have created themselves, which is known as attorney work product. However, your attorney may be entitled to a fee for the value of any services they have rendered to you to date. To protect their right to a fee, they will notify the defendants or their insurance company if there is one that they are placing an attorney's lien on any recovery to which you may become entitled. As for "closing your case", since there is no lawsuit open at this time as I understand your narrative, there is nothing to close formally, and they certainly have no right to notify the defendant that you are dropping your claim. You would be well advised to attempt to obtain a new attorney as soon as possible, because you will be at an extreme disadvantage trying to resolve this matter on your own.

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Answered on 3/19/16, 6:00 am

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