Termination Of My Attorney

[Gilbert]

Dear Mr. Provis, I have a case in Federal district court for personal injuries, where my attorney asked several extensions to oppose defendent's motion for summary judgement. Before that motion defendent offered me through my attorney $7,500 according to Rule 68 of federal rules of procedures. Although my lawyer did not offered any advise as to accept or decline this offer, he gave me unclear signal that he could get more. However, he never returned my calls and I just learned that there was an order from the Judge that if my attorney does not serve his opposition by Febr. 3 the judgment for the defendants will enter. What options do I have? Will my lawyer be liable for failure to serve his opposition? He even did not inform me of this Order. What can I do in this situation? Can I ask the Judge for some relief or make my own argument? Thank you very much for your opinion and advise!

[Medwin]

Dear V.,     The Judge has nothing to do with whether you fire counsel or not. He cannot interfere in your decision to do it or not.  On the other hand, he is not required to give you any breaks if you decide to represent yourself.  If you do, you will be responsible for learning all the law and court rules applicable to your case and for meeting your own deadlines.     If you fire your present attorney, you will still owe him/her for the hours he/she has put in on the case.  There is no way you can get around that unless you successfully sue him/her for legal malpractice.     You cannot get the Rule 68 offer back from the defendants and the only way you could get it from your attorney is to sue him/her for malpractice.    There is an old, old saying in our law which remains true to this day: "A man who acts as his own lawyer has a fool for a client."  The smartest thing you can do, if you fire present counsel, is to ask the judge for some time to find a new attorney.

Yours,

Tim Provis

Cal. Bar No. 104800

Wis. Bar No. 1020123

[email protected]  

[Birkett]

    

Dear V., "What options do I have?" You can fire your lawyer and hire a new one. "Will my lawyer be liable for failure to serve his opposition?" If you lose your case and you sue your lawyer for malpractice, your lawyer will be found liable if the motion for summary judgment would have been denied if he had filed a proper response. "Can I ask the Judge for some relief or make my own argument?" If you fire your lawyer, you can represent yourself and make your own argument. If summary judgment is granted, then you have two remedies. You can go on appeal and/or you can sue your lawyer for malpractice. Yours, Tim Provis

Follow up,

Dear Mr. Provis

Thank you very much for your response!

On Febr. 13,(the last day for my attorney to respond to defendants' motion), I called to the Judge's chambers, and asked not to dismiss my complaint if my attorney did not file an opposition to summary judgment, but allow me to respond myself as a pro se.

I received last Friday Judge's extension until Murch 13, and called for a conference on coming  Tuesday for firing of my lawyer and she will bring my file.(She never returned my message and fax about violation of order to respond and jeopardizing my case).

Given the fact, that if I did not learn by accident  of Judge's last chance for my attorney to respond or I would lose the case(and she even did not inform me about that), what should I ask the Judge at the conference in order a)to safeguard myself from possible charges from my attorney if I survive summary judgment,

b) or if I lose, so I can claim from him defendants' $7500 Rule 68 offer?

In other words, how should I handle my attorney termination?

Thank you once again!

Respectfully, Vlad