No, a Personal Injury Attorney in Hollywood SC cannot resolve your case without your consent. If they do, or if they reject an offer without your consent, you can file a formal complaint with your state's bar association. This can be complicated because the need to determine the existence of a conflict does not automatically allow the Personal Injury Attorney in Hollywood SC to disregard their confidentiality obligations to clients. As an initial matter, when considering the client's desire to retain the Personal Injury Attorney in Hollywood SC's new firm, attorneys should not ignore RPC 1.1, which requires attorneys to provide competent representation to Client. RPC 1.9 governs a lawyer's ethical obligations to former clients and states, among other things, that an attorney cannot represent a client adverse to a former client in a matter that is the same or is substantially related to the matter in which the attorney in transition represented the former client.
The modalities of distributing attorneys' fees during retirement must be carefully studied and, taking into account the lack of clear guidance in the rules of professional conduct, this is an aspect that may be ripe for clarification in the future. Therefore, attorneys should carefully consider the client's desire to move to the new firm and should examine that desire in the light of the ethical standards described below. This includes information that an attorney knows or reasonably believes is protected by attorney-client privilege, or that may be harmful or embarrassing to the client, or information that the client has requested keep confidential. However, a lack of experience in a certain area of the law will not automatically prevent an attorney from representing a client in their new firm.
The second option, the more expensive one, offers all the features of the first option, but the final product would be reviewed by a lawyer for compliance, completeness, etc. A strict reading of RPC 1.10 could be detrimental to the right of clients to choose a lawyer and the right of lawyers to generate business.