Q: Can I sue my lawyer for "withdrawal is failure to cooperate in good faith?"
I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my FMLA paperwork to my doctors and dictating to my doctors what HAD to be put in my FLMA paperwork. I didn't tell my doctors what to write, I wanted them to be honest in their write-up. Because I didn't tell my doctors they had to put X,Y,Z checkboxes, the law firm decided to drop me.
I feel like they dropped me because they knew they weren't going to win so it was better to drop me at the last minute.
**EDIT TO ADD** The case has been on-going for over 1.5 years and is in the last phase. The reason I would want to sue my lawyer is that she dropped my case at the last minute. She just filed a "Appellant's Representative's Notice of Withdrawal of Counsel"
A:
I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support your case. A new attorney may be able to explain to you what the issues are with your case and whether or not they can be fixed before your hearing.
I’m unclear as to what you would be suing your prior attorney for. Attorneys are not required to represent people when they believe the case has no merit as long as they follow the rules of the agency or court (and state ethics rules) in withdrawing their representation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
