Upland, CA asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California

Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the case 2) do i need a new contract ( the contract i signed from the beginning is their old firm name which is not a legal firm name anymore) 3)why would an attorney withdraw then withdraw the withdraw???

2 Lawyer Answers
Kenneth Sisco
Kenneth Sisco
PREMIUM
Answered
  • Legal Malpractice Lawyer
  • Norco, CA
  • Licensed in California

A: Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.

I would suggest, you spend a few dollars (relatively speaking) to call your attorney and find out exactly what is going on. It may be something completely innocent; or she may have realized that she needs to come back into the case to protect herself from some terrible mistake she has made. Good luck.

John Francis Nicholson
John Francis Nicholson
Answered
  • Criminal Law Lawyer
  • Woodland Hills, CA
  • Licensed in California

A: I agree with Mr. Sisco. However, if you are unable to work through what has happened with the attorney, and why, to your satisfaction, it may be worth it to you to consult another attorney regarding your circumstances, and provide more details as to what happened along the way to the current situation.

This is especially true for appeals. What is the value of the appeal if you prevail? How much have you paid your attorney? You need to gather all of the relevant information together for a consultation to untangle this if your attorney is unable to satisfactorilyclarify what's happening.

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