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By Lala C. Ballatan
If you are a party in a lawsuit in LA County, for example, you have the absolute right to change your attorney even in the middle of an on-going case. You may change attorneys because you have fired the present one or the attorney has withdrawn from continuing with your case.
Several circumstances would be influential in determining whether your change has negative or positive consequences.
Thus, if you are presently thinking along the lines of terminating the services of your attorney or is having suspicions that your attorney will be withdrawing from your case, then you have to understand carefully your rights in this matter.
Furthermore, you also have to know the probable implications of such a decision to your case’s outcome.
A client’s option to change/replace attorneys mid-case
A client has the absolute right to fire an attorney, even without cause for doing so. This right may also be exercised at any given time before the case is concluded.
Furthermore, a client can exercise this right even if the trial attorney he would be firing has provided him with valuable legal services. It also exists even if the client still owes money to his attorney.
Here are the following usual circumstances that may be grounds for a client to exercise his right to fire his attorney:
1. The attorney’s inconsistency arising from conflict of interest
2. Conflicts between the client and attorney’s personalities
3. Differences in views and strategies over the case
4. Changes in the parties or pleadings involved in the case
5. Changes in the case’s court hearing
6. Increase or expansion in the legal needs.
A trial attorney’s need or option to withdraw during mid-case
A responsible trial attorney needs to withdraw from handling a case once his representation of your case is violating from the professional rules of conduct.
Likewise, the attorney needs to withdraw if his mental condition has become materially impaired and he loses the capacity to represent you as client,
An attorney may also withdraw from representing you for the following valid reasons:
1. Consent given by the client
2. Conflicts of interest with the client
3. Differences in strategizing of case
4. Failure of client to communicate, cooperate or carry out obligations
5. Personality clash
6. Failure of client to pay necessary attorneys fees
7. Fraudulent, unethical and criminal activity by the client
8. Perverse financial troubles
The attorney must also make sure that his decision to withdraw must not have an adverse effect on your case.
The process of changing attorneys in the middle of your case
Whatever the reason may be for changing of attorneys in the midst of a case, your attorney must see to it that local procedures are observed for such moves:
– Notification of the court where the case is pending for trial
– Acquire the permission of the court to undergo the change of attorneys. Once it is you, as client who has discharged your attorney, the court will permit the change. If the attorney is the one contemplating on withdrawing, the court may assess the circumstances and specifically order him to continue with his representation.
About the Author: We have expert LA County trial attorneys with qualified experiences in handling trial cases involving personal injury, employment, social security disability and business laws. Please visit our website at
mesrianilaw.com/
Source:
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