If I don’t agree with my attorney about adding an additional doctor to my case, can she pursue without my consent?

Asked on September 28, 2014 under Malpractice Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It would be advisable to review your retainer agreement to determine what the attorney can or cannot do in the case and whether or not your consent is required.

Generally, the attorney makes decisions regarding legal strategy in the course of providing legal representation.

There is a probably a provision in the retainer agreement regarding firing the attorney.

It would be a mistake to fire this attorney for the following reasons:  First, you would have to retain another attorney and would end up paying both attorneys out of the eventual settlement of your case.  Second, it is actually beneficial for the attorney to have an additional doctor whose opinion as documented in medical reports will strengthen your claim of medical malpractice.

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