Firing or Withdrawal of Counsel During Litigation
Duties to the Client; Impact on Litigation; Collection of Fees; Effects on Malpractice Claims
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address the panoply of complex issues arising out of a change of counsel during pending litigation. Changes can be client caused (i.e., firing counsel) or counsel caused (i.e., withdrawal). Regardless of the cause, both old and new counsel have obligations to the client and to the court, which, if ignored, can cause the client great trouble and expense.
- Termination by client
- No reason is needed
- Entity clients must have new counsel
- Client termination can impact future malpractice claims
- Withdrawal by attorney
- Process for withdrawal--consideration of what to make public
- No issue if by consent and replacement in place
- Possible dispute if no consent, a court must grant a motion
- Issues regardless of who terminates
- Time deadlines may or may not change
- File transition to new counsel
The panel will review these and other items at the core of this topic:
- What are the ways lawyers and clients can end their relationship during the pending litigation?
- Can anyone outside the lawyer/client relationship impact the decision to end the relationship?
- What are the continuing duties of the former attorney?
- Are there any effects of the termination outside of the litigation itself?
Ms. Clair's practice focuses on professional liability and law firm defense, insurance coverage and bad faith... | Read More
Ms. Clair's practice focuses on professional liability and law firm defense, insurance coverage and bad faith defense, and commercial litigation.Close
Jessica G. Kelly
Sherin & Lodgen
Ms. Kelly is an experienced litigator who helps clients resolve complex business, real estate, and professional... | Read More
Ms. Kelly is an experienced litigator who helps clients resolve complex business, real estate, and professional malpractice disputes and disciplinary investigations. As partner in the firm’s Litigation Department and chair of its pro bono practice, she represents clients across various industries , such as finance, biotech, and national retail.Close