In re Kiley

947 N.E.2d 1, 459 Mass. 645 (2011)

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In re Kiley

Massachusetts Supreme Judicial Court
947 N.E.2d 1, 459 Mass. 645 (2011)

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  • Written by Sean Carroll, JD
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Facts

Michael McGibbon (plaintiff) signed a contingency fee agreement with Thomas M. Kiley & Associates, LLP (defendant) (the firm), hiring the firm to represent him in a medical malpractice case. Pamela Swift, an attorney for the firm, was the attorney assigned to McGibbon’s case. Prior to trial, Swift decided to leave the practice of law. Swift informed McGibbon that he needed to find new counsel. McGibbon was unable to find replacement counsel. Swift formally moved to withdraw as McGibbon’s counsel. The superior court granted the motion but found that McGibbon had a valid agreement with the firm. The judge ordered Thomas M. Kiley, who signed the firm’s agreement with McGibbon, to represent McGibbon in the case. Kiley appealed.

Rule of Law

Issue

Holding and Reasoning (Gants, J.)

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Legal Ethics

Key Terms

  • Rule 1.16 of the Model Rules of Professional ConductA model rule that may be adopted by the states that outlines an attorney’s obligation to decline or terminate representation of a client.
  • Motion to WithdrawA motion filed with the court by counsel seeking to terminate his or her representation of a party.
  • Contingent-Fee ArrangementAn agreement between a lawyer and client in which the lawyer agrees to accept a fee the amount of which depends on the outcome of the lawyer's representation. The most common form of a contingent fee is a fixed percentage of a settlement or damages award obtained through the representation.

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