My Personal Injury Lawyer Dropped My Case. Now What?

Why injury lawyers drop cases

Getting a letter that says your lawyer is withdrawing feels like being told your case is worthless. Often that is not what it means. Lawyers end cases for many reasons: the firm decided the costs of the case would outrun what it could recover, there is a fight over who caused the crash, the lawyer and client disagree about an offer, the client was hard to reach for a while, or the lawyer is leaving the firm or cutting back.

Some of those reasons are about the case. Some are about the firm. A different lawyer may look at the same facts, the same insurance and the same injuries and see a case worth pursuing. It is worth getting a second look before you give up on it.

Ask the withdrawing lawyer to tell you in writing why they are stepping away. You are not trying to argue. You want to know whether there is a problem a new lawyer needs to fix, such as a missing witness or an insurance coverage question.

What your lawyer has to do on the way out

A lawyer cannot just stop answering the phone. In California, rule 1.16(d) says a lawyer may not end a representation without reasonable steps to avoid foreseeable harm to the client, such as giving you enough notice to hire someone else. Rule 1.16(e) then requires the lawyer to release your file on request and refund any advance fee that was not earned. Texas Rule 1.16(d) lists similar steps: reasonable notice, time to find other counsel, surrender of your papers and refund of unearned advance payments. Washington RPC 1.16(d) requires the lawyer to take reasonably practicable steps to protect your interests when the representation ends.

In all three states, a lawyer who must get a court’s permission to withdraw cannot leave a pending case without it. California’s rule 1.16(c) and Washington’s RPC 1.16(c) say so directly, and Texas Rule 1.16(c) requires a lawyer to keep going if the court orders it.

If no lawsuit has been filed yet

Most injury cases are still in the claim stage when a lawyer drops them. At that point there is no court involved, so the lawyer usually just sends a letter ending the relationship. That letter is often called a disengagement or non-engagement letter. Keep it.

The claim does not end with the letter. The insurance claim is still open and your right to sue is still there, until the filing deadline passes. Read the letter closely for any date the lawyer mentions as your deadline, and ask them to confirm in writing that they have told the insurance company they no longer represent you. That way the adjuster knows to wait for your new lawyer instead of calling you directly.

If a lawsuit is already on file

Once there is a case in court, a lawyer cannot simply walk away. Each state has its own process.

California

A change of attorney happens one of two ways under Code of Civil Procedure section 284: by a filed consent, usually the Substitution of Attorney form MC-050, or by court order. If you will not or cannot sign, the lawyer files a motion to be relieved as counsel. Rule of Court 3.1362 requires that motion to be served on you, and the proposed order must list every scheduled hearing date, including the trial date if one is set. The court can delay the date the order takes effect until proof that you were served with the signed order is filed. Until the court signs the order, the lawyer is still your lawyer of record.

Texas

Texas Rule of Civil Procedure 10 requires a written motion showing good cause. If no new lawyer is taking over, the motion must state that a copy was delivered to you, that you were told in writing of your right to object, and whether you agree. It must also list your last known address, phone and email, and every pending setting and deadline. After the court grants it, the lawyer must tell you in writing about any other settings or deadlines they know of. Our Texas cases are handled by our Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

Washington

Washington Civil Rule 71 lets a lawyer withdraw by filing and serving a Notice of Intent to Withdraw on you and every other party. The withdrawal date must be at least 10 days after service, and if a trial date is set, the notice must state it. If you or another party serves a written objection before that date, the lawyer needs a court order. If nobody objects, the withdrawal takes effect on the date in the notice without an order. A new lawyer can also step in through a Notice of Withdrawal and Substitution.

Your deadlines keep running

This is the part people miss. A lawyer withdrawing does not pause anything. The statute of limitations keeps counting down: two years for most injury claims in California (CCP § 335.1) and Texas (CPRC § 16.003), three years in Washington (RCW 4.16.080). Claims against public agencies have shorter first steps: a six-month claim in California (Gov. Code § 911.2), six-month notice in Texas or less under some city charters (CPRC § 101.101), and a claim plus a 60-day wait in Washington (RCW 4.96.020). If you are in a lawsuit, discovery responses, hearing dates and the trial date stay on the calendar too.

Once your lawyer is out, the court treats you as representing yourself until a new lawyer appears. Papers from the other side will come to you. A missed response or hearing can lead to sanctions or, at worst, dismissal. Open every envelope from the court or the defense and write down every date.

You can ask the court for more time to find a lawyer, but you cannot count on getting it, especially when trial is close. The fastest fix is a new lawyer who can file a substitution and take over the calendar.

What to do this week

1. Get the withdrawal letter or court papers and find every date in them.
2. Ask the withdrawing lawyer, in writing, for your complete file and a list of pending deadlines.
3. If you are served with a motion to withdraw, read it. In Washington, decide whether to object before the date in the notice.
4. Call a new lawyer right away. Do not wait for the file to arrive first.
5. Do not give a recorded statement or sign anything from the insurance company while you are between lawyers.
6. Keep treating with your doctors and keep your medical bills and records.

Our guide to getting your case file explains what to ask for. If trial is close, see what changes before trial.

How we look at a case another firm dropped

We review the case fresh, for free, in English or Spanish. We look at liability, insurance coverage, your injuries and treatment, and how much time is left. Then we tell you honestly whether we can take it. If we can, we file the substitution or send the notice of new counsel, request your file and deal with the old firm directly.

A dropped case does not come with a bigger fee. Switching to us does not raise your fee, and any amount your former lawyer can claim for their work is paid from our share, not added to yours. Costs that firm advanced are normally repaid from the recovery, as on any case. If there is no recovery, you owe us no fees and no costs.

There is one situation we cannot fix. If you already signed a release and the case settled before your lawyer left, the release generally ends the claim.

For the bigger picture, read can you switch lawyers in the middle of a case, or contact us now at (310) 552-6959. We answer 24/7.

Sources

1. California Rules of Professional Conduct (State Bar of California)
2. Texas Disciplinary Rules of Professional Conduct, Rule 1.16
3. Washington RPC 1.16
4. Cal. Code Civ. Proc. § 284
5. Judicial Council Form MC-050, Substitution of Attorney—Civil
6. Cal. Rules of Court, rule 3.1362 (motion to be relieved as counsel)
7. Texas Rules of Civil Procedure (Rule 10)
8. Washington Superior Court Civil Rule 71
9. Cal. Code Civ. Proc. § 335.1
10. Cal. Gov. Code § 911.2
11. Tex. Civ. Prac. & Rem. Code § 16.003
12. Tex. Civ. Prac. & Rem. Code § 101.101
13. RCW 4.16.080
14. RCW 4.96.020