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“i just fell asleep in the elevator”
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“i just fell asleep in the elevator”
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Can you tell them to move to litigation you’re going to need a litigation engagement agreement and a 25k deposit? If they can’t pay it, that might solve the problem. I also think 5 months is plenty of time for them to find another lawyer before the SOL runs.
I told them that, but they keep saying to “hold off hold off” and basically told me to not do any more work until they say so. But I still represent them and I want to just be rid of the whole situation and not be stuck in this weird limbo with the clock ticking
Easy. Terminate the relationship now. Send letter explaining why you can’t go forward. Advise them of SOL and tell them you’ll be taking no further action. Make sure it’s all in writing. 5 months is plenty of time, but don’t let it get closer than that.
This. Do not let them string you along and put you in a position where you have to act because you’re up against the SOL. Let them know you are unable to represent them in litigation and you’re terminating the representation, remind very clearly of the SOL, recommend some counsel if you can, and be done.
If they are upset or turn on you, you can’t help that. All you can do it follow the professional responsibility guidelines and protect yourself.
I think it would be fair to say that for as long as a retainer has not been deposited for litigation then you can’t prioritize their matter and once they are “ready” you may not have the capacity to represent them. After that I would give them a specific date to make a decision and if the the retainer is still not paid you will have to advise them to locate other counsel and that you will transfer any necessary files.
You also need to give them enough time to find alternate counsel as well. Terminate as soon as possible by written notice.
Terminate ASAP because the SOL is coming up. You don't want to terminate like 6 weeks before the SOL and then have them complain that you didn't leave them enough time to find new counsel. And they WILL blame you for that rather than accepting their own responsibility for never wanting to pull the trigger on the lawsuit.