Q: Is it possible to sue a attorney for not giving a valid reason why he chose to disengage the representation of a client
Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do now could someone give some advice? I mean, isn’t it illegal to just disengage representation of a client without sending a letter stating the reason?????
It is not illegal for an attorney to remove themselves from a case without stating a reason. Why? Well... because one day an attorney did just that... they removed themselves from representation for a specific reason. Later another attorney found out that the reason given was wrong. So guess what... the first attorney got sued. So now attorneys don't give a reason... but if they do its usually something vague and ambiguous like a conflict of interest... no longer handling these types of cases... or they are just too busy.
This is all attorney speak for one of the following:
1) Your case does not have sufficient "value" to justify their continued involvement.
2) Your claim has liability problems... which reduces the value of your claim.
3) You are a problem client and it does not justify continued representation.
So the bottom line is your attorney it out. You are not entitled to a reason. Just as you could have fired your attorney without a reason. But you are entitled to your case file. Contact some other attorneys. If they say no... then you've got a problem with your case. Read between the lines. Why are attorney's saying no?
William John Light , James Otto Heiting and Yelena Gurevich agree with this answer
if s/he resigns for no reason, s/he will not have a lien on the case.
you can contact another lawyer who can take over....so really no damages.
8 months is not long.
a lawyer must file a PI case within 2 years and then it will take up to 5 years for the case to get to court.
the court are jammed because of Covid and only criminal cases are getting sent out for trial.
Insurance co's know this, and there is little incentive for them to settle.
they would rather take your money and that of thousands+++ of others and invest it... and later pay you after they have made a profit on your money.
A: No, there is no requirement to state the reason. There could be violations for dumping a case, but only in certain circumstances.
While I would hope your attorney would communicate his/her feelings and opinions about your case so you could understand why this decision was made, and so you can take steps in your own best interests, unless that attorney is prejudicing your case (harming it/you by his/her actions) in some material and substantial way, attorneys are not forced to represent somebody. Many things that are details and have not been shared would have to be explored to answer your question(s), so we can give you only a rough, general answer.
Depending on the circumstances and parties involved, you may still have time to contact and engage, or explore engagement of, other attorneys. But DO NOT DELAY. Very strict time limits may apply; and you should take immediate steps to protect your rights.
Contact other experience attorneys in the state where this happened as soon as you can. Go over the details with them and see if any are interested in moving forward with you. Get legal advice as soon as you can with actual consultations with lawyers who go over the facts and details with you.
Best wishes to you.
Louis George Fazzi agrees with this answer
A: No, unless there was a dire situation, such as expiration of the statute of limitations and the disengagement was unjustified. Good luck
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