The NYLJ reports a case where the attorney wants to withdraw. Withdrawing is always a potential legal malpractice problem. Read about this particular case.

Fried v. Village of Patchogue

SUFFOLK COUNTY
Legal Profession

New York Law Journal
March 29, 2006

Justice Pines
Click here to see Judicial Profile

Read the Full-Text Opinion

PLAINTIFF’S COUNSEL moved to withdraw, but set forth no specific grounds for his request, albeit he stated he was ready to submit to an in camera interview with the court if it wished to learn the cause. Counsel for one of the defendants requested the court grant counsel’s request to determine if he was in possession of any information with regard to their client’s claimed accident. The court stated, absent a client’s consent following full disclosure, an attorney must not divulge his client’s confidences and “secrets,” and accepted counsel’s offer to meet in camera, directing counsel to familiarize himself with the provisions of the Code of Professional Responsibility and abide by the dictates to the extent applicable, such that should the actual facts warrant counsel’s silence and mandate merely withdrawal of a submitted and/or served paper, once accomplished, the court would not direct counsel to make such underlying information available to the court or to defendant’s counsel as requested.