what to do when attorney quits on you

[davidtfull]

What is the name of your state?What is the name of your state? Florida
I am currently the plaintiff in an ongoing medical malpractice case and the attorneys representing me have decided to withdraw due to the recent "tort reform" here in Florida. For the same reasons I have been unable to find subsitute attorneys. As such I fear I will be forced to proceed pro se in this matter or forfiet my case. Since I am disabled as a result of this malpractice this leaves me between a rock and a hard place. I have filed an answer in opposition of thier withdraw but I would quess that my chances of success are slim to none, even though this is a blatant breach of contingency agreement which does not allow for such a withdraw. Any suggestions would be appreciated but please don't tell me I can sue for breach of contract for I would then have to prove both the breach as well as the malpractice in order to prevail. Thank you for taking the time to respond to this question.

[AlexandriaDumas]

What are their reasons for withdrawing? I mean, did they actually say in their pleading that they want to withdraw because of the tort reform? Or did they have other reasons, like the client doesn't return phone calls or respond to letters?

[davidtfull]

Florida
They filed a motion to withdraw citing "irreconciable differences" but had told me that they had decided to withdraw as with the new caps on awards and attorney fees it was no longer financially viable (for them) to proceed. Basically it would cost more than could be recovered and still leave me with anything once it was said and done. Which is the same thing I keep hearing from other attorneys I had consulted as well as the fact that cases aren't settling (no reason to offer a settlement with these tort reforms) they are dragging on and on and causing a real cash flow problem for the attorneys. The only real difference we have is the fact that I wish for them to proceed and they don't want to spend the money. THe case has been ongoing for almost three years now and they haven't even begun discovery. They had also provided oppossing counsel (inadvertently) a number of letters I had wrote to them discussing theory of liability etc., which they now state has given oppossing counsel too much to work with. They had also failed to proceed agaisnt the drug manufacturers (my case involves crippling adrs to the fluoroquinolones) in a timely manner and I am now barrred from proceeding agaisnt them.

[ellencee]

Originally Posted by davidtfull

Florida
They filed a motion to withdraw citing "irreconciable differences" but had told me that they had decided to withdraw as with the new caps on awards and attorney fees it was no longer financially viable (for them) to proceed. Basically it would cost more than could be recovered and still leave me with anything once it was said and done. Which is the same thing I keep hearing from other attorneys I had consulted as well as the fact that cases aren't settling (no reason to offer a settlement with these tort reforms) they are dragging on and on and causing a real cash flow problem for the attorneys. The only real difference we have is the fact that I wish for them to proceed and they don't want to spend the money. THe case has been ongoing for almost three years now and they haven't even begun discovery. They had also provided oppossing counsel (inadvertently) a number of letters I had wrote to them discussing theory of liability etc., which they now state has given oppossing counsel too much to work with. They had also failed to proceed agaisnt the drug manufacturers (my case involves crippling adrs to the fluoroquinolones) in a timely manner and I am now barrred from proceeding agaisnt them.

Did you have a question or were you just seeking an opportunity to vent?
EC

[davidtfull]

Florida
The previous post was in response in to the question asked regarding why the attorneys withdrew, not a vent or rant but an explanation. The question remains where do I go from here if I am forced to proceed pro se. What is the chronological order of what I need to do and prepare for so that I am not broadsided by oppossing counsel? Am I now allowed to contact the expert witnesses and make the neccassary arrangements to present them for depo? What items should I be seeking via discovery? More to the point the exact process I should be following to properly prepare for trial and in what order. Not so much the mechanics but general outline of what needs to be done or not done.

[rmet4nzkx]

Contact the bar association. The attorney's should not have taken your case if they were not going to see it through, also they should not abandon you because they released protected work product in discovery.

[ellencee]

Originally Posted by davidtfull

Florida
The previous post was in response in to the question asked regarding why the attorneys withdrew, not a vent or rant but an explanation. The question remains where do I go from here if I am forced to proceed pro se. What is the chronological order of what I need to do and prepare for so that I am not broadsided by oppossing counsel? Am I now allowed to contact the expert witnesses and make the neccassary arrangements to present them for depo? What items should I be seeking via discovery? More to the point the exact process I should be following to properly prepare for trial and in what order. Not so much the mechanics but general outline of what needs to be done or not done.

If the judge allows the attorney to withdraw and you can not find another attorney to represent you and complete the lawsuit, find a lawyer to assist you in having the lawsuit dismissed without prejudice.

You can not win pro se against medmal defense attorneys. You will never file one paper that meets requirements and you will be bombarded with responses that read like alphabet soup and demand an answer. If you make it to court and the judge is in a really good mood, you may receive instructions as to when and where your case will be heard and in front of which judge. Your judge is surely to be either Satan's right-hand man or some ancient judge who really just wants to hear the fun stuff and cut up with the attorneys, and you aren't an attorney. About the time your opening statement starts to 'argue your case', it will already be way past time for you to pack up your toys and go home. I've seen this happen and it ain't pretty.

EC