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Law firm vs. individual attorney multiple questions

  • Thread starter Thread starter King Author
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K

King Author

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I hesitate to ask a question, since so many of the entries I've read below have received nothing but name-calling and condescension in response to legitimate questions. Where's a moderator when you need one?

Anyway, these are some general questions about law firms vs. individual attorneys. If it makes a difference, I live in Indiana.

A man (let's call him D. Fendant) is arrested for a crime and will soon be put on trial. He contacts the law firm of Dewey, Cheatham, and Howe to represent him; the attorney that takes his case is an associate (or junior partner -- I'll admit I don't know the difference) named Joe Blow. Within a few weeks, one of the senior partners discovers that Joe Blow has been violating some policy of the firm -- say, improperly using his company internet connection to download (legal) erotic pictures or some other infraction. Joe, having a history of multiple minor infractions, has finally gone too far. He is fired.

I know Joe would probably be reprimanded first, and/or he could sue, etc -- but that's not what I'm interested in. My questions are:

(1) In the initial paperwork, did D. Fendant technically hire the law firm or did he hire Joe Blow? Can this differ from firm to firm?

(2) Who now "owns" the case? Dewey, Cheatham, and Howe, or Joe Blow?

(3) Assuming D, C, and H now "owns" the case, if D. Fendant still wants Joe Blow to handle it despite his recent firing, what would he have to do?

(4) If all the paperwork etc is completed and D. Fendant rids himself of D, C, and H and wants to hire Joe Blow, does Joe have to officially file paperwork to start his own practice or anything like that, or is he able to take the case to court without a company behind him? (In other words, if Joe wants to go into practice for himself, is there anything to prevent him from doing so in a timely manner?)

Thanks for any info you can provide.

--King Author
 



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