Can an attorney withdraw from a case and withdraw from the action without justifiable cause?

California, United States of America


The following excerpt is from Roth v. Epps & Coulson, LLP, B285265, c/w B287982, c/w B290763 (Cal. App. 2019):

been discharged by the client," the attorney's "claim to a subsequent recovery depends on whether the attorney had 'justifiable cause so as to permit a recovery of compensation.'" (Id. at p. 672.) "[A]n attorney who withdraws without justifiable cause may not recover any attorney fees under a contingency fee agreement." (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1382.) "[T]he justifiability of the reason for withdrawal is dependent on the particular facts of the case." (Rus, supra, 113 Cal.App.4th at p. 672.) "The law governing an attorney's right or duty to merely withdraw from a caseand be done with it for goodis a 'different question' than an attorney's right to withdraw and then later recover." (Id. at p. 673.) "Good cause to withdraw is not necessarily good cause to recover money obtained in a settlement after withdrawal." (Ibid.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for establishing probable cause for an action without probable cause? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Does the statute of limitation in a personal injury action against an attorney extend beyond the date of action against the attorney? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Can an adversary pursue a cause of action for equitable indemnity against an opponent's attorney arising from negligent advice to an attorney? (California, United States of America)
What is the next cause of action for breach of contract to not terminate without cause? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
When a plaintiff joins a separate cause of action for which attorney fees are permitted, can the prevailing party recover on the other side of the action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.