Can the plaintiff’s attorney dismiss with prejudice one of the defendants in the action without consulting their client?
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Can the plaintiff’s attorney dismiss with prejudice one of the defendants in the action without consulting their client?
This happened months ago but the plaintiff’s attorney did not inform his client that he was dismissing defendant who was later determined to be culpable.
Asked on October 9, 2014 under Personal Injury, Florida
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
There might be strategic reasons for dismissing the one defendant. An attorney need not consult the client on every strategic decision. You would need to check the terms of the fee agreement to be sure.
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