When lawyers are hired, there are various duties owed to the client. A recent news story highlights this, and illuminates the challenges of closure when such relationships do not persist.
This Clearwater example involves Dennis Szafran, who reportedly "abruptly" closed his law firm in October, as reported by Fox13 Tampa. Since then, he has "been trying to, as diligently as possible, trying to file motions to withdraw" from about 800 cases. That is a great many cases. It would likely require about 10 minutes to prepare and file such a motion in any case. So, for 800 cases something close to 133 hours, or 3-4 weeks work perhaps. There is much of that work that is merely cutting and pasting.
The accounting and firm closure may be another issue. There are allegedly clients who believe Mr. Szafran has not performed the work they paid him for. Some allege he "is now refusing to refund their money." In a court appearance, he reportedly informed the judge "he's out of money," explaining that he has "no funds . . . or any assets held in my name or my firm's name or trust account." Interestingly, Fox News reports that "public records show he . . . purchase(d) a new home . . . last September" for $737,500. But in the world of mortgages and debt, there is no way to know how much of such a purchase is owned by a bank.
The judge explained client representation to Mr. Szafran. The point is that law firms do not represent clients. Lawyers do. When a notice of appearance is filed, that is a member of The Florida Bar stating that she or he represents the client. If the attorney leaves a law firm, joins a law firm, or closes a law firm, the lawyer still represents that client. That is changed only through withdrawal from a case or by substitution of some other attorney. It is a process and is designed for the protection of the client and orderly case management by the judge.
In Florida workers' compensation, there is guidance in Rule 60Q6.110:
(2) Substitution or Withdrawal of Counsel. During the pendency of any issues before the judge, an attorney of record remains the attorney of record until:
(a) A stipulation for substitution has been filed with the judge and served on all other parties or, if represented, their attorneys of record; or
(b) A motion to substitute or to withdraw, which reflects that it has been served on the client and all other parties or, if represented, their attorneys of record, is granted.
This is fairly simple and fairly consistent with other practices. Once a lawyer is on the case, he or she remains on the case until there is substitution by stipulation or the judge allows withdrawal. It is formal. Some would say it is too formal or even nit-picky. But, it is the rule, and the point is to protect the client who hired the lawyer in the first place.
Fox News reports that the judge told Mr. Szafran:
"I understand your firm may not be operational, but if you're still a member of the Florida Bar, you're still accountable for your responsibilities until and unless you're relieved of those responsibilities by an order of this court."
Dealing with the challenges that people face is what lawyers do. As Don Henley noted, "The lawyers clean up all details" (End of the Innocence, Geffen 1989). The client brings challenges, difficulties, and even strife and stress. The lawyer takes on that pressure and challenge, applies expertise and ability, and hopefully provides help and reassurance. That does not mean that the client always prevails.
It does mean that the lawyer does a competent and professional job to represent the client's best interest. Sometimes there is success, and other times are best described by The Clash: "I fought the law and the law won" (I fought the law, CBS 1979). The most competent and diligent lawyer will not always prevail. The law is sometimes against a client, or the facts may conspire to defeat the client. However, the lawyer should be diligent, persistent, and professional in pursuit of a favorable outcome.
Time and again, we see lawyers in trouble for their failures or missteps. Who can forget Mr. Douglas? See Disciplined Attorney and Repercussions (September 2018) and Then Arrested (January 2021). More recently there is Mr. Soto, Petition for Disciplinary Revocation (August 2022). There are too many sad outcomes. Whether there is misfeasance or mistake in every sad story is not knowable. There is much to sort through, and questions to be answered. That, similarly, is for judges and juries to sort through.
Fox 13 notes that in the present instance, The Florida Bar may be investigating, and also perhaps local law enforcement. There is even some suggestion that a client may be looking into a lawsuit against Mr. Szafran. There are various potential challenges and recourse when relationships fail. It is important to remember several things.
First, we believe people are innocent until proven guilty. There may be a great deal here that is worrisome, but whether anyone has done any wrong remains to be seen. Second, in any event, it is the lawyer's responsibility to protect the interests of the client. That is critical and axiomatic.
The responsibility for representation is clear. Once an attorney enters an appearance, that attorney (not her or his firm) is responsible for that case. They are "of record" until withdrawal or substitution (a new lawyer to a case can be the one to prepare that substitution; if the client has money to hire a new lawyer). Lawyers must remain focused on representation as they change firms, cease relationships with clients, and more.
Relationships with firms and partners may change. There may be accounting and even disputes. Firms may come and go, and attorneys may cease practice. But the obligation to the client is sacrosanct. The interest of the client must be the persistently primary focus and must be addressed.
