Can the Attorney Add a Defendant

**non sequitur** · 08-09-2006, 07:19 PM

I hired an attorney to file a civil complaint against two individuals. She added a third defendant without my knowledge or permission. (We discussed adding the third defendant, and I said "no".)

Did my attorney have the right to do this? (She told me that the attorney gets to make all of the decisions.)

Thank you,

**aaron** · 08-10-2006, 04:44 AM

What does your contract with the lawyer state?

**non sequitur** · 08-11-2006, 07:11 PM

The agreement does not seem to cover this issue. It does, however, make specific reference to the two individuals I hired her to sue.

**Mr. Knowitall** · 08-11-2006, 09:25 PM

Sometimes you have to sue a particular defendant in order to have a valid cause of action against the others. It may also be that the person who you didn't want sued was the only one who had insurance. Knowing nothing about your case, it's hard to judge.

**non sequitur** · 08-13-2006, 10:28 AM

The third defendant had no income, no assets and no insurance. We did not need her to make the case.

Did my attorney have the right to add this defendant anyway? Was this her decision? (This was an hourly case, so she had no stake in the outcome.)

Thanks.

**seniorjudge** · 08-13-2006, 11:31 AM

Q: Did my attorney have the right to add this defendant anyway? Was this her decision? (This was an hourly case, so she had no stake in the outcome.)

A: I think yes. You don't want an unlitigated defendant hanging around.

**rmet4nzkx** · 08-13-2006, 01:41 PM

Quoting seniorjudge

Q: Did my attorney have the right to add this defendant anyway? Was this her decision? (This was an hourly case, so she had no stake in the outcome.)

A: I think yes. You don't want an unlitigated defendant hanging around.

Especialy if they have some responsibility, they can always be dismissed from the case in the future if need be. This often happens with spouses of physicians.