can my attorney quit?
My attorney keeps threatning to resign as my attorney if I refuse to settle my case out of court and is making accuations that are not true I hold never agreed to settle for the amount offered.And he insest I did.Can he quit my case?I want to go to court.
Most lawyers will not quit, if only because it's a sign that they aren't serving their clients. However, if a legal representative does not feel that he or she can represent you fairly, the honest thing to do is resign. In this casing, it appears that the opposite should happen: this lawyer is not acting contained by your best interest. You need to dismiss this lawyer and find a new one.
First of all.. I'd probably just fire him and procure it out of the way. I wouldn't want someone even attempting to represent me with that type of attitude. Second of all.. unless he have something that you signed saying you would agree to settle for a certain amount then he's full of crap. He can "say" adjectives day that you said you'd agree to a certain amount. However, he should have some type of "Authorization to Settle" that be signed by you, agreeing to settle for a certain amount. Good luck!
Yes.......but this is usually only done by the attorney filing a Request to Withdraw beside the court and explaining to the judge why he or she wants to withdraw.
Your advocate may be acting unethically. Check your state's standards of conduct for attorneys. Example: Rule 1.02(a)(2) of the Texas Disciplinary Rules of Professional Conduct requires that a lawyer abide by a client's decision concerning whether to accept an grant of settlement. Comment 3 to Rule 1.02 states that a lawyer should consult with his client concerning any settlement proposal and that generally it is for the client to resolve whether or not to accept a settlement proposal.
Your attorney can file a Motion/Request to Withdraw, which must be noticed-up for a audible range, in which you can (and should) attend. There are really only two reasons we ever annul from a case: 1) non-payment; or 2) inability to communicate with client, i.e., disconnected headset for a period of time and client fails to keep an widen line of communication (via e-mail, cell, etc.); or 2) we've forwarded paperwork to our client that needs to be responded too in a timely trend and the client simply will not respond back to us after several requests (it's impossible to represent a client without an open string of communication). If I were you, I would: 1. Drop this attorney ASAP! You simply do not want him representing you any longer, as he is not respecting your wishes (within reason), nor probably looking out for your best interests. I have to wonder if you signed any type of "Contingency Fee Agreement" (agreement wherein he gets a percentage of your settlement, as specifically the only reason I can rationalize him taking such a harsh stance near you settling before a trial. This is unethical, amongst other things, so long as you did not sign something agreeing to the same and did not completely figure out what you were agreeing too! 2. I would call your State's Bar Association to discuss this complaint, as well as find out if he's be in any prior trouble with the Bar Association (many attorneys that do not practice "honorably" have have prior troubles, and not many people know or think to check back they retain counsel.) 3. Start attorney shopping immediately, as well as make sure you hold gathered everything you have pertaining to your case so that attorney not lone knows what has been done thus far (all pleadings can be obtain from the Court), etc. If you have difficulty with selecting an attorney, the Bar Assocation should also enjoy a list of attorney's who practice in certain areas of canon, and they can refer you to one that is compentent in that area. Good luck, and you be smart to ask questions before caving-in to his demands. At a minimum, you can find an attorney in the phone book that offer a "free consultation", and get his advice before making a conclusion. He would at least be able to review any sort of "fee agreement" you may own signed with your attorney.
I've been in endorsed land for 24 years (not an attorney).