Getting into a car accident can be stressful and emotionally draining. On top of dealing with any physical injuries or vehicle damage, you now have to navigate the legal process to seek compensation for your losses. Hiring a personal injury lawyer seemed like the best move to handle all the complex details so you could focus on your recovery. However, your attorney recently informed you they are no longer able to represent you in your case. Now what? Read on to understand why your lawyer may have dropped your case and the options available to you moving forward.
Why Did My Lawyer Drop My Case?
There are several common reasons why a personal injury lawyer may withdraw or drop a client’s case:
Non-payment of Legal Fees
Personal injury cases can involve extensive work investigating the accident details, exchanging documentation with insurance companies, conducting discovery activities like interrogatories or depositions, and potentially preparing for and participating in mediation or trial. Lawyers expect clients to keep their accounts current and make regular payments towards outstanding legal bills. If payments lapse or cease, the lawyer has cause to terminate the attorney-client relationship.
Loss of Communication
Personal injury cases require ongoing communication between the lawyer and the client. Lawyers need updates on clients’ medical treatment progress, authorizations to request medical records, and responses to inquiries from opposing counsel or insurers. A client who becomes unreachable or non-responsive hampers the lawyer’s ability to advance the case strategy and meet deadlines. Prolonged lack of communication is grounds for withdrawal.
Conflicting Objectives or Lack of Trust
Disagreements can arise between clients and lawyers regarding settlement offer evaluations, handling of settlement negotiations, or trial strategy decisions. A client who second-guesses the lawyer’s judgment or disregards advice about settlement parameters damages the working relationship. A situation where the client shows a lack of honesty or trust in the lawyer may also lead the lawyer to withdraw.
Rule 1.16: Permissive Withdrawal for Good Cause
The American Bar Association’s Model Rules of Professional Conduct allow lawyers to withdraw from representation if “good cause” exists. Some examples that could qualify as good cause for withdrawal include:
- Client fails to fulfill essential financial or other obligations under the retainer agreement
- Client pursues an imprudent objective that can prejudice their case
- Client renders continued representation unreasonably difficult
- Client insists on taking actions with which the lawyer has a fundamental disagreement
What Do I Do Now After My Lawyer Drops My Case?
If your personal injury lawyer has withdrawn or terminated representation, here are some options to consider:
Hire a New Lawyer
You can consult with other personal injury attorneys in your area to take over your case. Provide all relevant documentation and details about the status. The new lawyer may be able to pick up where the previous attorney left off or make modifications to the case strategy. Screen attorneys carefully and find one with an acceptable fee structure.
Request the Case File from a Previous Lawyer
Most states require attorneys to provide their former clients with their entire case file upon request when terminating representation. This includes things like incident reports, witness statements, medical records, correspondence, discovery responses, and notes on research or strategy discussions. Obtaining this documentation ensures a seamless transition should you hire a new lawyer.
File a Grievance Against Previous Lawyer (If Applicable)
In limited situations where you have proof the attorney breached ethical duties or failed to properly withdraw by neglecting your legal interests, you may file a grievance against them with your state bar association. This is a last resort and should only be pursued for legitimate violations rather than improper strategic decisions. Consult a new attorney on the grievance procedure.
Contact Opposing Counsel or Insurer Directly
For less complex cases where settlements have already been discussed, you can reach out to the adjuster handling your claim or to opposing counsel to continue negotiations independently without an attorney. However, insurance companies often prefer communicating through legal representation. Proceed carefully without guidance.
Consider Mediation or Arbitration
Some states offer court-annexed mediation programs where a neutral third party assists both sides in reaching a voluntary settlement agreement. Mediation provides an alternative to continuing litigations. You may also propose binding arbitration to the other side as a faster resolution approach than a trial.
Questions to Ask Potential New Attorneys
When interviewing replacement lawyers, be sure to ask clarifying questions about their experience, approach, and what to expect if hiring them:
- How many car accident/personal injury cases have you handled?
- What is your typical process for evaluating a new case and settlement strategy?
- Can you provide references from former clients?
- What are your fees – hourly rate, contingency percentage, and retainer amount?
- How quickly can you get up to speed on the status and key issues in my case?
- Do you anticipate making any changes to the direction of the case?
- What is a realistic timeline for resolving my case through settlement or trial?
- How often will you provide updates on case progress and strategy discussions?
- How responsive will your office be to my questions or information requests?
Being a discerning consumer of legal services helps choose an attorney focused on your best interests and communication needs to get your case back on track.
Frequently Asked Questions
Here are answers to some common questions people have when their lawyer drops a personal injury case:
1. Is there a time limit for hiring a new lawyer after my old one withdraws?
Most states establish a statute of limitations of 1-3 years from the date of the accident to file a personal injury lawsuit. As long as you hire replacement counsel and they file suit before the limitations period expires, your claim can proceed. However, act promptly to maintain momentum in settlement talks.
2. Can I sue my previous lawyer for legal malpractice if they dropped my case?
You may have grounds for a malpractice claim if you can prove the attorney failed to meet the standard of care, like neglecting to file suit before the deadline or providing proper notice of intent to withdraw. However, legal malpractice cases are difficult to win and often not worth the time and expense unless large damages are at stake. Consult an attorney first before deciding.
3. Will the insurance company still negotiate if I’m representing myself now?
While insurance adjusters are required to consider claims from unrepresented individuals, they typically prefer communicating through attorneys, especially on more complex liability or injury issues. They also know the rules of civil procedure better than unrepresented parties. You still have the right to advocate directly for yourself, but success may be limited without counsel.
4. What should I do with settlement offers already given to my previous lawyer?
Provide any previous settlement offers, demands, or negotiation details to your new attorney for review. Offers traditionally expire quickly if not accepted. Your new counsel can evaluate prior discussions and determine the appropriate next steps, whether re-opening talks or pursuing other resolution options like mediation or arbitration.
5. Will getting a new lawyer set me back or hurt my case?
Some delay is inevitable when transitioning to new counsel, as they need time to review medical records and documentation. However, experienced personal injury attorneys are accustomed to taking over ongoing cases. A qualified replacement lawyer should be able to continue advancing your matter without losing significant ground. Just be sure not to sit idle during the transition period.
Getting dropped by your personal injury attorney can feel discouraging when seeking compensation for your injuries and losses. However, armed with the right understanding of your options and process for finding a skilled replacement, you can get your case back on the right track. Taking prompt action and communicating carefully with new counsel will help ensure your claim receives the attention it requires for optimal resolution.