My attorney got disqualified pursuing a matterand I can’t contact him, what to do?

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My attorney got disqualified pursuing a matterand I can’t contact him, what to do?

I was involved in an accident and the other party agreed to pay for my medical bill without paying for PTO and suffering. So I hired a no win/no fee attorney to take care of my case. After 3 months, the other party offered us a settlement that I’m not happy with. At the same time, he sent me a letter saying that he’s disqualified. If I want a different attorney and he’ll release my paperwork. I called and he said he’ll charge a termination fee. I asked him to send me the paperwork but the contract. He said yes but didnt’ send anything. He doesnt’ answer phone and email for 1 week. What to do?

Asked on August 5, 2010 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Contact your state bar association and also the office of your state court system that licenses attorneys; they will be able to provide you  with guidance and assistance. Generally speaking, a laywer may not charge a specific "termination fee," though does noeed to be paid for work done to date. And while an attorney may take action to secure his or her payment, he or she may not take actions which impair an ongoing case or your legal rights. So definitely contact the bar association and also the relevant state court office, to see what assistance they can supply and exactly what your rights and remedies are in this situaion. Note that if your attorney has done a sufficiently bad or negligent job of representing you, it is possible you may also have a malpractice claim against him. Good luck.


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