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AROUND THE FIRMS
Former Attorney Cannot Sue Counsel Who Takes Over a Case. US District Judge Berle M. Schiller of the Eastern District of Pennsylvania presented a seven-page opinion declaring that because a lawyer's withdrawal from a case severs the attorney-client relationship, an attorney who then assumes the case and obtains a settlement cannot be subjected to a lawsuit for part of the fee; nor can the new attorney be sued for intervention in the former lawyer's relationship. Frederick v. Davitt, No. 02-8263. Also, after discovering their contingent fee agreement's ubiquitously worded arbitration clause, which called for any fee debate's mediation, Judge Schiller dismissed the former attorneys' claims against the client.
Attorney Kathleen Frederick along with the law firm Cureton Caplan brought the case. In their suit against former client Patricia Davitt, Richard J. Orloski, the client's new attorney, was subjected to claims of tortious interference, quasi-contract, negligent misrepresentation and quantum meruit. Court papers state that Ms. Frederick, along with lawyer Thomas Hunt, filed a discrimination suit on Ms. Davitt's and her co-worker's behalf. However, when a global settlement offer was made by the defendant, it was rejected by Ms. Davitt but accepted by her co-worker. It was then that the attorneys withdrew from the case, resulting in Ms. Davitt representing herself.
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