In re Kiley
Supreme Judicial Court of Massachusetts
947 N.E.2d 1 (2011)
Michael McGibbon (plaintiff) signed a contingency fee agreement with Thomas M. Kiley & Associates (the firm) (defendant) for a medical malpractice case, with attorney Pamela Swift assigned to handle it; when Swift decided to leave the practice of law before trial, she told McGibbon he needed new counsel, but McGibbon couldn't find a replacement. The superior court granted Swift's motion to withdraw but found McGibbon had a valid agreement with the firm itself and ordered Thomas Kiley specifically (who had signed the firm's agreement with McGibbon) to represent him; Kiley appealed.
Whether a law firm that has agreed to represent a client may terminate that agreement solely because the specific attorney handling the case leaves the firm, and whether a court may order a particular individual attorney, rather than the firm generally, to take over the representation.