Professional ethics

Should I no longer pursue my case due to attorney's behavior?

I retained an attorney on a contingency basis and after our last conversation he was reluctant to discuss the details of a response to a demand letter that was sent. The attorney began asking me very detailed questions and it seemed like he was in favor of the defendant. His tone and behavior seemed unusual for me, and I may be overthinking things but the attorney kept addressing the opposing council by their first name. This is the second attorney retained for this case as the first one withdrew. Is council being bullied out of proceeding with a lawsuit?

Nathan’s Answer

An attorney needs his client's cooperation and communication to properly prosecute a case. They may have found out information that goes against what you are saying, and they are seeking clarification from you. It is rare the other side just rolls over so in order to test your case, your lawyer may grill you. This is in your best interest since you don't want to be grilled by a judge or opposing counsel later, since you may end up being liable for attorney fees if you lose the case. Also, the fact prior counsel withdrew and this second lawyer is acting strange according to you, may suggest the case didn't really have legs to begin with. On the other hand, your case may have merit and your attorney is in a holding pattern with the other side. It is best to have open communication with your counsel. Let them understand your concern. Calling opposing counsel by their first name is not an indicator of anything material in any context I can imagine.

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