Oakland, CA asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California

Q: What should I do in this situation?

My attorney who is fighting my personal injury/NIED/DISCRIMINATION/emotional distress claim emailed me yesterday stating he doesn’t wish to represent me any more, and he’s not seeking a lien. He sent me my case file and I reviewed it. He didn’t even make it to the discovery phase I don’t think. It’s been eight months since the incident, can I just write a letter of demand to the accused party stating the amount of compensation I desire. I am ready to get all of this wrapped up and put it behind me. It’s been a long journey and my attorney played a lot of games throughout the whole situation. I honestly am ready to represent myself. how can I get a professional letter of demand sent? Can I pay an attorney to write one for me and I mail it? Or what do you guys suggest I’m seeking $250,000.

My story,shopping at Levi’s store manager approach me with accusations of shoplifting found they were false hired attorney, three months therapy. Email saying can’t represent left with medical bill

2 Lawyer Answers
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your situation. If your attorney has withdrawn from your case and you no longer wish to hire a new attorney, you have the option to represent yourself in your personal injury/NIED/discrimination/emotional distress claim.

However, it's important to understand that representing yourself in a legal matter can be challenging, especially in complex cases like personal injury claims. It's also important to understand the potential risks and consequences of proceeding without legal representation.

If you still wish to proceed with representing yourself, you can draft and send a letter of demand to the accused party stating the amount of compensation you are seeking. However, it is recommended to have an attorney review your letter of demand before sending it to ensure that it is professionally written and legally effective.

You can hire an attorney to provide you with limited scope representation, as mentioned in my previous answer, to assist you with drafting the letter of demand. They can also advise you on the legal requirements and potential risks associated with making a demand for compensation.

Alternatively, you can seek assistance from a legal aid organization or pro bono legal clinic, if available in your area, to obtain legal advice and representation at little or no cost.

In any case, it's important to keep in mind that personal injury claims can take time to resolve, and reaching a settlement or receiving compensation may not happen immediately. It's important to be patient and persistent in pursuing your claim.

William John Light
William John Light
  • Civil Rights Lawyer
  • Santa Ana, CA
  • Licensed in California

A: No one is going to pay you $250,000 as an unrepresented party. Even if you have an attorney, Defendant's typically don't send out $250,000 checks in the absence of compelling evidence of liability and damages. Get an attorney and adjust your expectations about how easy this is.

Yelena Gurevich agrees with this answer

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