Anytime 24/7—Hablamos Español

212.739.7278

No Fees Unless We Get You Compensation

Can a Personal Injury Lawyer Drop Your Case?

No one expects their attorney to stop representing them in the middle of a case, but it can, unfortunately, happen. However, the good news is that lawyers can’t typically just walk away without notice. There are rules they have to follow, and in most situations, you’ll have time to find new representation before your case is affected.

 

Read more about why some personal injury lawyers choose to withdraw from cases and what you can do if it happens to you below.

Can a Personal Injury Lawyer Drop Your Case?

Yes, a personal injury attorney can stop representing a client under specific circumstances. That said, courts typically don’t permit attorneys to just abandon their clients, especially if a lawsuit has already been filed. Depending on the status of the case, the attorney may need to get permission from the court before formally withdrawing.

Reasons Why a Personal Injury Lawyer Might Drop Your Case

Just because a lawyer drops a case doesn’t necessarily mean something went wrong on your end. Sometimes the attorney simply discovers a conflict of interest. Or, the attorney-client relationship breaks down to a point where continuing the representation just isn’t practical anymore.

 

Ultimately, every situation is unique, but there are usually several reasons attorneys may decide to withdraw from personal injury cases, including:

Communication Has Become Strained

Like any legal case, personal injury claims require consistent, ongoing communication. If calls, emails, and requests for relevant information repeatedly go unanswered, it might become difficult for the lawyer to continue moving the case forward because they don’t have what they need.

Concerns About the Strength of the Case

Sometimes new information comes to light after a case begins. For instance, additional evidence could end up undermining the claim, or new details might surface that hinder the likelihood of a recovery. An attorney may opt to withdraw if they determine that the case is no longer viable.

Ethical Issues

Attorneys are required to follow professional ethics rules and codes of conduct. So, if a lawyer discovers that a client has been dishonest with them or even provided false information, continuing the representation may no longer be possible.

A Conflict of Interest Arises

Every once in a while a conflict develops that wasn’t apparent when the case first started. For instance, a lawyer may learn that representing one client could negatively affect another client they already represent. Withdrawal may be required if that happens.

Fee Disputes

Most personal injury cases, including those at Field Law Group, are handled on a contingency fee basis, but that doesn’t mean fee disputes can’t still arise. In these situations, an attorney may seek to withdraw if both parties reach an impasse or a client fails to meet financial obligations related to the case.

How Do You Know If Your Lawyer Dropped Your Case?

Generally speaking, if an attorney intends to withdraw from your case, they’re required to notify you. Most of the time, you’ll receive a written notice that the representation is ending. It may also outline any important deadlines that still need attention on your end.

 

All of that said, there are usually warning signs before a withdrawal happens, as noted above. While not always the case, if a lawyer who was previously responsive is suddenly hard to reach or discussions about strategy stop altogether, it could be a sign you should reach out about the status of your case.

What Happens to Your Case If You Get Dropped?

It largely depends on where your case stands when the attorney withdraws. If your claim is still in the early days, finding new representation should be relatively easy. However, if litigation is already underway, the transition would likely be a lot more complicated since there may still be certain deadlines or court filings that need your attention.

What Should I Do Next?

If your case does end up being dropped, the most important thing to avoid would be waiting too long to hire a new attorney. You’ll also want to make sure any copies of your medical records, accident reports, photographs, and other evidence are still available for your new representation.

 

If the lawyer withdrew due to any mistake on your part, make sure you don't repeat those same mistakes going forward. Take the time to find an experienced personal injury attorney with the resources and bandwidth to handle your case properly.

What Must a Lawyer Do to Withdraw Properly?

Withdrawing from a case isn’t as straightforward as simply sending a client an email and walking away. Attorneys have professional obligations they're required to meet before ending a representation, and failing to follow the proper procedures could have consequences for both the lawyer and the client.

 

At a minimum, the attorney must give the client reasonable notice so there's time to find new representation. They're also required to hand over the client's file, including any documents, evidence, and records gathered during the representation, so that another attorney can step in without having to start from scratch.

What If Litigation Is Underway?

If litigation is already in progress, an attorney will generally need to get court approval before officially withdrawing. A judge will typically review the circumstances and the timing before granting that request, since the court has an interest in making sure the client isn't left in a difficult position mid-case. Courts tend to be less willing to approve a withdrawal when it's close to a trial date or an important deadline.

How to Prevent Having Your Case Dropped By Your Lawyer

Most of the time, the secret to having a good attorney-client relationship comes down to communication.

 

On the client’s end, that typically means responding to any requests for information within a reasonable amount of time and being honest up front about the facts surrounding your accident and injuries. Missing appointments or failing to cooperate by withholding important details about your case will ultimately make it harder than it needs to be for your attorney to represent you.

Key Takeaways

A personal injury lawyer can withdraw from your case, but they’re required to follow specific procedures before doing so.

Most withdrawals come down to a breakdown in communication or concerns about the strength of the case.

If your lawyer drops your case, quickly securing new representation is one of the most important things you can do.

Looking for a Reliable Personal Injury Firm? Our New York Attorneys Are Here for You!

At Field Law Group, we help injury victims throughout New York understand their legal options. We actually take over cases from other firms pretty often and will prepare a letter for your prior lawyer who needs your signature, but we'll handle the rest!

 

If you have questions about your claim or need a second opinion regarding your current representation, contact our team or call 212-739-7278 today to schedule a free, no-obligation consultation.

 

About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.

MILLIONS RECOVERED FOR OUR CLIENTS!

No Fees Unless We Get You Compensation.

Don't Wait Another Minute

Understanding your rights and how you can recover compensation under the law is important. At Field Law Group, there is no downtime. We are here for our clients whenever they need us.

Schedule Your FREE Consultation Today!

This field is for validation purposes and should be left unchanged.

17 State Street, Floor 40
New York, New York 10004

Free Consultation

212.739.7278
Anytime 24/7
Hablamos Español

Quick Links

Home About Us Practice Areas Areas Served Testimonials Contact Blog

This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer | Designed & Developed by PostcardMania