If I Hire An Attorney Can The Relationship Be Terminated?
Hiring an attorney is no different than hiring any other professional. In hiring or retaining that attorney you have entered into a contract. Typically that contract is in written form. Any contract can be terminated. There may, however, be consequences of that termination by either party. If you terminate an attorney and he has devoted substantial time to your case and there is an eventual recovery in the case, then the attorney may be entitled to be paid at an hourly fee for the services rendered. That hourly fee is calculated against the contingent fee if in fact the retainer agreement called for the payment of a contingent fee to the attorney. As such, you cannot simply terminate an attorney in a contingent fee case and expect that the attorney is going to walk away and not make any claim for attorneys fees. The attorney may be entitled to those attorneys fee and also may be entitled to the recovery of costs associated with pursuing the litigation.
Just as you have the right to terminate the contract with the attorney, that attorney may also have the right to terminate the relationship. The attorney generally will not be allowed to abandon you in the midst of a legal proceeding and thereby leave you unrepresented at a critical juncture in the case..
See Brien Roches book Law 101 published by Sphinx Publishing for more information on this subject.
