January 14, 2022
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Did Law Firm Involuntarily Withdraw From Case After Clients Filed Ethics Complaint? The Answer Could Be Worth $82K | Daily Business Review - Law.com

What You Need to Know

  • The Mineo Salcedo Law Firm withdrew from a case after learning clients a complaint to The Florida Bar during a settlement disagreement.
  • The trial court treated the firm's withdrawal as voluntary and awarded compensation, but the law provides that a fee award is only applicable when a court finds that the attorney's withdrawal was involuntary.
  • The appellate court reversed the trial court's order and remanded the case for an evidentiary hearing to determine if the firm's withdrawal was voluntary or involuntary.

In a battle over attorney fees, Florida’s Fourth District Court of Appeals has called for an evidentiary hearing to determine whether a Broward County law firm involuntarily withdrew from a case after two clients filed a bar complaint against the firm’s lawyers.

If the trial court finds that The Mineo Salcedo Law Firm’s withdrawal was involuntary, the court must consider the validity and application of its charging lien for fees incurred during its representation of plaintiffs Loly and Yanite Cesard. However, if the court finds that the firm’s withdrawal was voluntary, then they’re not entitled to a fee, the appellate panel instructed the trial court Wednesday.

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source: https://www.law.com/dailybusinessreview/2022/01/14/did-law-firm-involuntarily-withdraw-from-case-after-clients-filed-ethics-complaint-the-answer-could-be-worth-82k/

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