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In re Kiley

Supreme Judicial Court of Massachusetts
947 N.E.2d 1 (2011)


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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