Can My Friend Terminate His Attorney ?

[parnell]

I have a friend who hired an attorney in early August 2009 to help him get Social Security Disability.
He applied because he has bipolar, ptsd, gerd, asthma, irritable bowel, etc. His attorney FORGOT to apply in August and the attorney filed in October 2009. ( 2 month set back )

My friend received papers from DDS in November to fill out. It gave him 10 days to fill out the information and send it back. He sent the papers to his attorney immediately ( same day ) to get them filled out. The attorney did NOT fill out the paperwork until January.

DDS sent the papers to a doctor before my friends attorney sent in the adult function report and work history report.

The attorney keeps lying to my friend, sending him emails saying he will call and then doesn't. My friend requested his lawyer get his workers comp file and the attorney told him he wouldn't do it unless it was beneficial.

DDS spoke with my friend and told my friend that my friends lawyer was SERIOUSLY dragging their feet and if they don't get the forms that DDS requested, DDS would guarantee a denial on the claim.

My friend sent a notarized termination letter to his attorney yesterday and threatened legal malpractice against the attorney. He also threatened to file a complaint with the disciplinary council.

My friend sent DDS a notarized letter stating he terminated his contract with the attorney and requests that DDS do NOT send any information to the attorney. My friend apologized for the lack of interest his lawyer has shown in his case.

My question is : Can the attorney sue my friend ? Did my friend have a right to terminate the attorney ? Can the attorney still get any money from my friends disability claim if he later gets approved ? Can my friend go ahead and retain another attorney ? What will DDS do now that the attorney is no longer in the picture, ( ex : notify SSA that he is not represented now ) Will DDS inform any other attorney that my friend was represented previously ?

Thanks for your answers.

[ryscford]

You friend can terminate his attorney and may have grounds to file a complaint with the state bar for his attorney's behavior. The only issue your friend might have is that attorneys do not like to follow other attorneys. They like to take cases from the beginning and it can be difficult to get another attorney to take what someone else has missed up. Have your friend document every missed deadline, etc., and have reasons he dismissed the previous attorney on hand. That way he can clear up the issue with a potential new attorney and show that he is not a problem client.

[bothan]

You can always terminate your attourney