I know an attorney can walk at anytime they want but: Can an attorney threaten client in this manner?

[hackett]

Can a lawyer use this tactic to have the client comply in decision on how to resolve the case? Whether it is for a plea bargain, settlement for personal injury or any other case.

What I've learned:

-The ultimate decision is for the client to make.
-A lawyer is expected to advise the client on the issue of taking plea bargain, guilty plea, settlement or etc.
-The lawyer is obliged to keep the client informed enough to make intelligent decisions.
-Lawyer may not burden the client's ability in making decision.
-Lawyer may not burden the client's decision-making by threatening to withdraw.
-Lawyer has a duty to insure that the withdrawal would be conducted in a manner that wouldn't prejudice his client. Failing to do this can unreasonably burden the client's decision-making.


With that being said: Lawyer tells client if she doesn't agree; he will withdraw and she will have to seek new representation. The attorney failed to explain to her that it will be conduct in a manner that will not harm the client. He knew that he couldn't withdraw in a second; but place this impression in the client's mind in order for her to comply with a decision he wanted. A lawyer knows he has knowledge over the client, but not suppose to use his knowledge to take advantage of a situation that is up to the client. When a lawyer do this; the decision isn't really no longer in the client's hand anymore.

From my understand a lawyer his a fiduciary duty to the client. The attorney isn't suppose to take advantage of the client lack of knowledge. He failed to keep the informed with proper information. In this case; he concealed information for the advantage of the attorney and placing a disadvantage on the client. Would you consider this a breach of fiduciary duty if the client was harmed and why?

[hackett]

Although the observation here is keen; it is nevertheless not what is going on in so many instances; because for the client to actually do anything in their own behalf, there would be more cost, as well a time element to consider, almost a tit for tat, sort of situation, and it's just far easier for any client to get someone else (specifically if the lawyer is no longer willing to work hard for the case) just due to these two factors. A written explanation form the clients point of view can be submitted to any judge, but chances are, there is some loop hole, gray area, they will just be *suspended anyway, with out any type of penance applied. ..