Your lawyer dropped your case

When your own firm withdraws, the immediate problem is not the insult. It is that a deadline or a court date may now be sitting on you with no one watching it. Deal with that first.

This page covers what withdrawal means and what to do. If you are the one who wants out, see how to fire your personal injury lawyer.

What a firm is allowed to do

A lawyer's ability to withdraw is limited by the Rules of Professional Conduct. Some situations require withdrawal, such as a conflict the lawyer cannot cure. Others permit it, such as a client who will not cooperate or a case the lawyer reasonably believes has no merit. Either way, a lawyer must take reasonable steps to avoid foreseeable harm to you — giving notice, returning your file, and allowing time to find new counsel.

If a lawsuit is on file, your lawyer is the attorney of record and cannot simply stop. Withdrawal then needs your written consent or a court order. A judge can refuse to let a lawyer out if it would leave you unable to make a deadline.

Sources: Cal. Rules of Prof. Conduct, rule 1.16 (declining or terminating representation); rule 1.16(e) (return of the client's file and property); Code Civ. Proc., § 284 (change or substitution of attorney).

Why firms withdraw from injury cases

These are the usual reasons, and none of them is automatically about you:

• New facts changed the firm's read on fault or on the injury.
• You and the firm disagree about settlement or strategy.
• Communication or treatment stopped for long enough to stall the case.
• A conflict of interest surfaced after the firm signed you.
• The case is costing more than the firm planned for.

Several of these are also reasons a firm declines a case at intake — why personal injury firms turn down cases.

What to do now

• Get the status in writing. What is the next deadline or court date, and what has to be done before it?
• Get your file. You are entitled to it. Ask for the complete file, including correspondence, records, and any expert work.
• Confirm the filing deadline with a new lawyer right away — see statute of limitations.
• Ask about the lien. The outgoing firm may claim one — what it costs to change lawyers mid-case.
• Line up new counsel before any hearing. A gap with no lawyer of record is the dangerous part.

Common questions

Can my lawyer just quit?

A lawyer can withdraw, but not freely once a lawsuit is on file. The California Rules of Professional Conduct set when a lawyer may or must withdraw (rule 1.16), and a lawyer of record generally needs the court’s permission and cannot leave you exposed to a foreseeable deadline.

Why do firms withdraw from injury cases?

Common reasons: new information changed how the firm reads liability or damages; the client and firm disagree about strategy or settlement; the client stopped communicating or stopped treating; a conflict surfaced; or the case turned out to cost more than the firm expected.

Do I lose the fee I already paid?

In a contingency case there is usually no fee paid up front. A firm that withdraws may still assert a lien for the value of the work it did, paid out of any later recovery (Fracasse v. Brent (1972) 6 Cal.3d 784). What that costs is covered on "What it costs to change lawyers mid-case."

How fast do I need to act?

Quickly. Find out exactly where the case stands, what deadlines are pending, and get the file. If a lawsuit is on file, there may be court dates that do not move because your lawyer left.