In Re Kiley

Facts

McGibbon entered into a contingent fee agreement with the law firm of Thomas M. Kiley & Associates, LLP (Kiley). Kiley agreed to prosecute McGibbon's medical malpractice claims against a physician in return for a percentage of the recovery. Swift, an attorney in the Kiley firm, filed suit and entered an appearance. On February 9, 2010, Swift confirmed in writing a telephone conversation with McGibbon in which she informed him that she was taking a 'sabbatical from the practice of law,' and would no longer be affiliated with the Kiley firm after February 11. McGibbon attempted without success to obtain new counsel. On March 15, Swift moved to withdraw as counsel of record for McGibbon. The judge denied Swift's motion without prejudice because no appearance by successor counsel accompanied the motion. Swift moved for reconsideration, attesting in an affidavit that 'there has been a deterioration of the attorney/client relationship in that there are irreconcilable differences between the client and herself and irreconcilable differences as to the strategy and/or tactics respective to this claim. The judge allowed Swift's motion to withdraw as counsel of record and ordered that Kiley, McGibbon, and defense counsel appear at a status conference on June 15. On June 16, 2010, the judge found that McGibbon has a valid contingent fee agreement and that McGibbon wanted Kiley to continue to represent him. The judge ordered Kiley to file his appearance on behalf of McGibbon and ordered the parties 'forthwith' to complete all outstanding discovery. On June 21, 2010, Kiley wrote McGibbon advising him that their agreement had been orally terminated on February 8, 2010. If not, he was 'unilaterally terminating this contract effective immediately.' On June 28, 2010, Kiley moved to vacate or reconsider the judge's findings and order. The judge denied the motion. P appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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