0
If you are asking if an attorney may legally withdraw from a case, then yes, he or she generally may do so.
Whether or not the client can obtain a refund of expenses or has a viable suit for damages depends upon the circumstances of individual cases. Presumably, the attorney would not have accepted the case if he/she did not feel that there was validity to the claim, but as the case develops, it may become clear that the facts or the ability to prove the case was not as the client represented them/it to be. Indeed, an attorney has an ethical obligation not to accept a case that does not have factual or legal merit. That is not to say that it is unethical to advance a novel theory, but the attorney must be circumspect and recognize his/her duty to the system as well as to the prospective client.
An unused cost deposit in a civil case (such as to cover anticipated court reporter expenses) would be generally be refundable. Likewise, the unearned portion of a fee retainer would be refundable, although it is often a point of contention as to what is and what is not "earned". It is easier to make that determination when hourly fees are involved, as distinct from contingent fees. As to the latter, the determination is often made on a quantum meruit basis, meaning that there may be a dispute, and perhaps the need for a hearing, as to the value of the services relative to the results obtained.
If the matter is in litigation (that is, suit has been filed), or if the matter is criminal in nature, the attorney will have to seek leave of court to withdraw. A motion (formal written request) will have to be filed, and a hearing will normally be required. The court will have to be convinced that the parties will not be prejudiced by the withdrawal, even to include the undue delay of the case (which may have an impact on witness availability). Generally, the closer the request is made to the time of trial or other adjudicatory hearing, the less likely it is that the request to withdraw will be granted.
What else can I help you with?
What can you do if charges were dropped and the case thrown out for traffic stop How do you get your car back from tow yard?
Pay the towing and storage fees then get a lawyer.
How to get charges dropped?
Talk to your lawyer.
What is considered a dropped case?
If a case is "Nolle Prosequied" by a prosecutor, that is considered a "dropped" case. A dropped case is different from a dismissed case. Only a judge can 'Dismiss" a case.
In the case of contingency arrangement if you lawyer dropped your case and you werent able to find a new lawyer what will happen to your case?
You may ask for a Continuance (motion and notice). However, if you still can't find an attorney (just because your last attorney dropped the case) you have to represent yourself. The law is that the legal process continues - with the party available. You may sue your attorney if he dropped the case because he have to have a mighty good reason to drop a case - you may also make sure you take him to the legal board in your state. That's what I will do with the rat who dropped my case -- after I finish with my case.
If a lawyer drops your case saying the other party didn't have insurance but a second lawyer finds they did can you sue the first lawyer?
No. An attorney can decide not to represent somone, for whatever reason they choose. If a case is accepted on contingency and the attorney does not see it as winnable/collectable, they will drop the case. The contractual agreement will state something to that affect. If a retainer was paid, a portion may be refundable. That again, depends on the contractual agreement. Although a lawyer can drop a case, they have a duty not to 'mess up' your case. If they 2nd lawyer picked up where the 1st one left off and you finally got to the end of the case and got your result, then Claudia is right, you have no recourse. But if by any chance, the 1st lawyer dropped your case and this somehow resulted in a loss to your case and you got less $ in the case, then yes you can sue him for the damage to your case and recover what you should have been able to recover in the original case had it not been for the 1st lawyer's actions. Stated otherwise, if the second lawyer does find insurance and effects a recovery for you of the full value of your claim, you have not sustained compensable damages due to the first lawyer choosing not to represent you. Therefore, you do not have recourse for anything against the first lawyer.
Can you serve time for a case that's been dropped?
If a case is dropped, no! The person is free to go!
What if im insurered and the other person is not and it was his fault and what should you do if your lawyer dropped your case?
Your lawyer dropped the case because there is no money, uninsured driver. Depending on your coverage, you may collect for your damages and med bills only if you have "collision coverage". If you don't have such coverage and only have "liability", you're stuck. The only course of action you have is, to file a law suit, usually small claim, providing that the other driver has any assets or is employed, in which case you can garnish his/hers paycheck once the court issues an order. Good luck.
Who was the lawyer for Jessica murder case?
Senior lawyer for the Jessica murder case was Ram Jethmalani.
Can you file chapter 13 after being dropped?
IF by dropped you mean the case was dismissed, the answer depends on when and why the case was dismissed.
What dies a lawyer do in a case?
In a case, a lawyer discovers information, presents evidence, and defends a case in court. They also do research and paperwork.
What does a case do to a computer?
A case protects a computer when it is dropped.
Why might one need a criminal defense lawyer in California?
There are many reasons why a person might need a criminal defense lawyer in California. Even if a person is only charged with a misdemeanor, sometimes a criminal defense lawyer might be able to get the charges dropped.
