Massachusetts Lawyer Cannot Withdraw From Case
When Boston attorneyThomas Kiley decided he was no longer interested in representing a plaintiff in a medical malpractice case he left the client, an alleged victim of medical malpractice and unskilled in the law, without a lawyer, facing the opposing aggressive malpractice attorney. The client could not find another lawyer and made several critical mistakes while trying to navigate his civil case through the courts. The case before the Supreme Judicial Court centered on who had the obligation to keep the client; the attorney or his former law firm. The trial court ruled that Attorney Thomas Kiley had to keep the case. This might seem fair to the client, however, the issue effects small law firms which takes a big case on contingent fee, and then the lawyer with the knowledge, time and skill for that case leaves. That firm may not have the ability, capacity or financing to continue with the case. The named partner certainly should not be ordered to represent the plaintiff. On the other hand, the Supreme Judicial Court said, the firm entered into the agreement with the client, so the firm, not a particular attorney, must continue to represent the client .
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