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October 14, 2011     Post-Gazette
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October 14, 2011

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PAGE 4 POST-GAZETTE, OCTOBER 14, 2011 David J. Saliba Attorney at Law May a lawyer or a law firm representing a client terminate the agreement to represent the client? THOMAS M. KILEY, petitioner SJC-10767 SUPREME JUDICIAL COURT OF MASSACHUSETTS February 10, 2011, Argued May 13, 2011, Decided On November i, 2006, Michael A. McGibbon (McGibbon or client) entered into a contingent fee agreement with the law firm of Thomas M. Kfley & Associates, LLP (Kiley firm), in which the Kfley firm agreed to perform legal services to prosecute McGibbon's medical malpractice claims against a physician in return for a percentage of the amount, ff any, collected on the claims. The agreement was signed by Thomas M. Kiley (Kiley) and the client. On November 26, 2007, Pamela A. Swift, an attorney in the Kiley firm, filed suit against the physician and entered an appearance on behalf of the client in the Superio r Court. On February 9, 2010, Swift confirmed in writing a telephone conversation she had with McGibbon in which she in- formed him that she was taking a "sabbatical from the practice of law," and would no longer be affiliated with the Kiley firm af- ter February 11. Swift declared in her letter that because of her departure from the Kiley firm, "it will be necessary for you to seek successor counsel." The client attempted without suc- cess to obtain new counsel. On March 15, Swift moved to with- draw as counsel of record for McGibbon. After a hearing on April 6, the judge denied Swift's motion without prejudice, "there being no appearance by succes- sor counsel accompanying this motion." On May 25, Swift moved for reconsideration, attesting in an affidavit that "there has been a deteration of the attorney/ client relationship in that there are irreconcilable differences be- tween [McGibbon] and myself and irreconcilable differences as to the strategy and/or tactics re- spective to this claim." On May 28, after a hearing attended by Swift, McGibbon and defense counsel, the judge allowed Swift's motion to withdraw as counsel of record, and ordered that Kiley, McGibbon and de- fense counsel appear at a sta- tus conference on June 15. On June 21, 2010, Kiley wrote a letter to McGibbon advising him that their agreement had been orally terminated on Feb- ruary 8, 2010, that the oral ter- mination had been confirmed in Swift's letter of February 9, and that if the agreement had not then been terminated, he was "unilaterally terminating this contract effective immediately." On June 28, 2010, Kiley moved to vacate or reconsider the judge's Findings and order. The judge denied the motion. The Supreme Judicial Court said: A law firm, after agreeing to represent a client for a contin- gent fee and filing a complaint that presumably complies with the requirement of a good faith basis may not withdraw from a case simply because it recog- nizes belatedly that the case not be profitable for the law fwm. A lawyer's miscalculation of the time of resources necessary to represent a client, the likelihood of success, or the amount of damages "is usually a dubious ground" for withdrawal, because lawyers are better able than cli- ents to forecast these matters. Attorneys who agree to repre- sent clients on a contingent fee basis must choose their cases carefully, because the law does not allow them easily to jettison their mistakes, especially after the complaint has been filed. Conclusion. The case is re- manded to the country court where the single justice will en- ter a judgment affirming the Superior Court judge's order to the extent that it denies the Kiley firm's motion to withdraw from the representation and requires another attorney affiliated with the Kiley firm to file an appear- ance on behalf of McGibbon, and vacating the order to the extent that it requires Kiley him- self to enter an appearance. So ordered. What this case says is that a lawyer can't quit the client with- out permission from the client or the judge. by Saint Hedwig was born in the year 1174 in Bavaria at the castle of Andechs. Hedwig was one of eight children born to Berthold IV, Count of Andechs and Duke of Croatia and Dalmatia, her mother was Agnes daughter of the Count of Rotletchs. Hedwig was the aunt of Saint Elizabeth of Hungary. Hedwig was educated at the monastery of Lutzingen, in Franconia and taken from it at Saint Hedwig Call 617.783.2300 [ ] 353 Cambridge Sfreef- AIIdon Visif us af the Original Regina on lhacher Streef in I'he North End  Bennett Molinari and Richard Molinari the age of twelve to marry Henry I Duke of Silesia (southwestern Poland) who was the head of the Polish Royal family, she bore him seven children. She took a prominent part in the benevo- lent administration of her hus- band. She gave her assistance to the establishment of new monasteries and supported those already in existence. It was chiefly through the monas- teries that German civilization spread in Silesia. After the birth of their seventh child Hedwig and Henry led a life of absti- nence and pronounced a vow of chastity before the Bishop of Breslau. Duke Henry adopted many of the practices of the Cistercian monks while Hedwig increased her stays at the Cistercian Abbey of Trebnitz. On the death of her husband, Hedwig gave away her fortune and entered the monastery of Trebnitz where her daughter Gertrude was abbess, making it her permanent home where she devoted her time to penitential mortifications. Hedwig supported the poor and cared for the sick both personally and by founding hospitals. Her piety and gentle- ness of spirit won for her the reputation, among her subjects, of being a saint, even during her lifetime. Hedwig passed away on October 15, 1243 at Trebnitz where her mortal remains are venerated. She was canonized by Pope Clement IV on March 26. 1267. Pope Inno- cent XI appointed October 17 for the celebration of her Feast. What is it About Democrats Rhode Island state's higher education board recently passed a measure allowing illegal immi- grant students to pay in-state tuition at Rhode Island's public university and colleges after the state legislature didn't. Board member Eva Mancuso, who chairs the board, called the action for illegals fair and logical. In-state tuition at the University of Rhode Island is $9,824 compared to $25,912 for out-of-state students. Let's see, if you are an illegal immigrant living in Cumberland, RI, you can pay in-state tuition but ffyou are a legal immigrant one house away across the state line in North Attleboro, Massachusetts, you pay as an out-of-stater. What part of illegal don't board members get? Secondary, am I mistaken or is the state of Rhode Island currently in a financial mess with many cities crumbling in debt and with many state residents suffering in this recession? It is time for lawmakers at the State Capitol to undo this stupidity. Appointed officials have circumvented the legis- lature branch of government. The General Assembly can't sit on its collective hands; it needs to overturn this decision by a bunch of unelected public officials who just don't get it when it comes to flaunting the law. and the Word "Illegal"??? I agree with Terry Gorman, who runs the Rhode Islanders for Immigration Law Enforce- ment who said this new policy is akin to "aiding and abetting" illegal immigrants. Should a state government reward illegal behavior? Governor Lincoln Chafee is just as bad as my state's Governor Deval Patrick when he supports in-state tuition for illegals saying it would improve his state's "intel- lectual and cultural life." This issue of in-state tuition is just one of many being pushed by liberal Democrats across this country from the White House on down the line to local com- munities. Recently, a group of voters sought to place an issue on the 2012 ballot seeking to implement a Bay State Voter ID law. Attorney General Martha Coakley has kept the measure of the ballot at the moment claiming charging poor people $25 to get a state identifica- tion card as a barrier to the right to vote. Right now, anyone can say they are anyone on the voter list without proving it to poll workers. Shouldn't the state attorney general be sup- portive of preventing voter fraud? My governor also opposes the federal "Secure Communities" program. In Vermont, Gover- nor Peter Shumlin told cops to (Continued on Page 12) , RIL $ I5DO Per Ounce, 24K 781-286-CASH Po We Buy Diamonds, Gold and Silver lewelry' We Buy Gold and Silver Coins j Rr  y O,:g 345 Broadway, Revere Serving the Community for 33 Years Hours lO-5:30 pm every day. Saturdays until 3:30 pm Boston Redevelopment Authodty The Boston Redevelopment Authority and the Bullfinch Triangle Citizens Advisory Committee (BTCAC) will be holding a public meeting regarding two development projects in the Bullfinch Triangle. Wednesday, October 19" 6PM CBT Architects of 110 Canal Street PROJECT NAME: THE MERANO Project Proponent: Boston Development Group Project Description: The Proponent filed a Notice of Project Change proposing a 491,700 sq ft building with 230 residential units and 210 hotel rooms, including retail, restaurant and 184 parking spaces on Parcels 1 BC. PROJECT NAME: 121 PORTLAND STREET Project Proponent: 121 Portland Street LLC/Pizzuti Development Project Description: The Proponent filed a Notice of Project Change proposing 62 residential units, 44 parking spaces, and 4,000 sq ft of retail located at 121-127 Portland Street. Close of Comment Period: Friday, November 4, 2011 Geoff Lewis, Boston Redevelopment Authority One City Hall Square, 9th Ft, Boston, MA 02201 FAX: 817.742.7783 PHONE: 617.918.4297 EMAIL: geoffrey.lewis.bra Brian P. Golden Executive D/rector/Secretory