A lawyer may stop handling a car accident case because of a conflict of interest, a breakdown in the attorney-client relationship, insufficient evidence, unpaid fees or expenses, or circumstances that make continued representation unreasonable. This does not always mean that your claim has no value.
Sometimes a lawyer withdraws because new information changes the case or because the attorney can no longer ethically or practically continue. Understanding the steps to protect your claim can help you avoid unnecessary delays if your attorney decides to withdraw.
1. A Conflict of Interest Develops
A conflict of interest can make it difficult or impossible for an attorney to continue representing a client.
For example, an attorney may discover that another current or former client has interests that conflict with your case. The lawyer may also have a personal or professional relationship that creates a conflict.
When a conflict cannot be properly resolved, withdrawing may be necessary to protect the interests of everyone involved.
2. The Attorney-Client Relationship Breaks Down
Communication and trust are important in any legal case. If an attorney and client repeatedly disagree about major decisions, communication may become difficult.
A lawyer may decide that continuing the representation is no longer practical if the relationship has deteriorated significantly. Likewise, a client may have concerns about the attorney’s communication, strategy, or handling of the case.
A disagreement does not automatically justify withdrawal, but serious breakdowns can create problems for both sides.
3. You Do Not Follow Legal Advice
Clients have the right to make important decisions about their cases, but lawyers also need clients to cooperate with reasonable requests.
Failing to provide documents, refusing to attend necessary appointments, ignoring important deadlines, or repeatedly withholding information can make representation difficult.
If a client consistently refuses to cooperate, an attorney may determine that continuing to represent the person is no longer possible.
4. Important Evidence Is Missing
A lawyer may initially believe that a claim can be supported by available evidence but later discover significant weaknesses.
For example, medical records may not establish the connection between an accident and an injury. Witnesses may become unavailable, surveillance footage may be lost, or other evidence may contradict the client’s account.
If new evidence substantially changes the case, the attorney may reassess whether continued representation is appropriate.
That does not necessarily mean the client did anything wrong. It may simply mean that the legal or factual circumstances have changed.
5. The Client Stops Paying Required Costs
Many personal injury attorneys work on a contingency-fee basis, but clients may still be responsible for certain case-related expenses depending on their agreement.
If a client fails to meet agreed financial obligations, an attorney may consider withdrawing when permitted by applicable professional rules.
The attorney should follow the applicable withdrawal requirements and take reasonable steps to protect the client’s interests when ending the representation.
6. The Client Asks the Lawyer to Do Something Improper
An attorney cannot ethically assist a client with fraud, fabrication of evidence, or other unlawful conduct.
If a client asks the lawyer to make false statements, hide evidence, or engage in conduct that violates professional obligations, the attorney may have to reconsider the representation.
This is one reason honesty with your lawyer is extremely important. Your attorney needs accurate information to provide effective legal advice.
7. The Lawyer Can No Longer Continue
Sometimes circumstances affecting the attorney may make continued representation impractical. Serious illness, a change in practice, retirement, or other professional circumstances can lead to withdrawal.
Professional rules generally address when and how an attorney may end a representation. For example, the California Rules of Professional Conduct, Rule 1.16, addresses declining or terminating representation under specified circumstances.
The lawyer may also need to obtain court permission before withdrawing if the case is already in litigation.
What Should You Do If Your Lawyer Withdraws?
Do not assume that your case is automatically over. Ask the attorney for a clear explanation of what happens next and request copies of your important case documents.
Pay close attention to upcoming deadlines. Personal injury claims are subject to statutes of limitations, and changing attorneys does not automatically stop those deadlines.
If necessary, consult another attorney promptly. Give the new lawyer your medical records, accident reports, correspondence, settlement information, photographs, and other relevant documents so they can evaluate the case efficiently.
Key Takeaways
A lawyer may withdraw because of conflicts, communication problems, missing evidence, or other legitimate reasons.
A lawyer ending representation does not automatically mean your claim has no merit.
Cooperation and honest communication can help maintain a productive attorney-client relationship.
Clients should understand their financial responsibilities under the representation agreement.
Attorneys cannot ethically participate in fraud or other improper conduct.
California Rules of Professional Conduct, Rule 1.16, addresses attorney withdrawal in applicable circumstances.
If your lawyer withdraws, protect your claim by addressing deadlines and seeking new legal advice promptly.
