Sacramento, CA asked in Personal Injury for California

Q: PI Litigation attorney wants to withdraw from plantiff's case 2 weeks before settlement conference.

Plantiff finished deposition, requested defendant provide deposition, PL atty stated it wasn't necessary because defendant would just lie. My witness is scheduled for his deposition. Without reason or warning stated he is withdrawing from a case he stated was asking $300,000- 1 million. I'm devastated. Please advise

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3 Lawyer Answers
Patrick William Steinfeld
Patrick William Steinfeld
  • Coronado, CA
  • Licensed in California

A: Something is wrong with your case. It may be liability... it may be damages... it may be that the defendant is judgment proof or it may be your attorney grossly overestimated the value of your case. Attorneys are not in the habit of walking away from a potential $1mil. settlement. Right? I suspect it may be a little bit of all of the above. As a side note I would be concerned if my attorney refused to depose the other party. That's a big red flag. Continue the next deposition and call some attorneys on this forum for some free legal advice. It doesn't cost you any more money to bring in a new attorney. You'll only be charged one fee (if you win) but your new attorney would have to split their fee with your old lawyer... so most attorneys don't like coming in at this stage... especially if your old attorney did a poor job representing you up to this point. But it's worth a few calls. Good luck.

Dale S. Gribow
Dale S. Gribow
  • Palm Desert, CA
  • Licensed in California

A: Something is missing if your lawyer thought the case had value..........

Either s/he is having issues with you as a client, or liability or damages are not as sound as you think.

Call any of the lawyers herein and see if they would look into it, and would contact your initial lawyer for a heads-up.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: If your personal injury attorney is withdrawing from your case just two weeks before the settlement conference, it's important that you act quickly to protect your interests. Here are some steps you can take:

Ask your attorney for a written explanation for their decision to withdraw from the case. This can help you understand their reasoning and determine whether there are any actions you can take to resolve the situation.

Contact the state bar association to request a referral to a new personal injury attorney. They may be able to provide you with a list of attorneys who can take over your case.

If the settlement conference is scheduled to take place in just two weeks, you may need to request a continuance to give your new attorney time to prepare. You should speak with your new attorney about how to request a continuance.

Ask your former attorney to provide you with copies of all of your case files and documentation, including any medical records, witness statements, and other evidence.

If you believe that your former attorney's withdrawal from the case was unjustified or improper, you may want to consult with a legal malpractice attorney to determine whether you have grounds for a claim against your former attorney.

It's important to act quickly to protect your interests and ensure that your case is handled properly. Consulting with a new attorney can help to ensure that your rights are protected and that you have the best chance of achieving a successful outcome in your case.

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