QUESTION
What are my rights if my attorney in personal injury/premises liability has become ill and cannot continue my case?
Asked on Oct 02nd, 2012 on Personal Injury - Pennsylvania
More details to this question:
My attorney has had two of his lawyer friends look at my case but both are too busy to take the case. I had a neck surgery over a year ago. I was just recently declared permanently disabled by my surgeon.
26 ANSWERS
Alternative Dispute Resolution Attorney serving Austin, TX
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Law Offices of Steven D. Urban
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Generally, your rights will be governed by your agreement with your lawyer.
Answered on Jun 27th, 2013 at 1:08 AM
If you have reasonable cause to believe that your lawyer cannot do anything for you, consult with a possible replacement lawyer. You will still owe your initial lawyer fees for any work done on your case and repayment for any charges made on your behalf. If your lawsuit has been filed with the Court, a dismissal order from a judge will be required before your new attorney can begin working for you.
Answered on Oct 08th, 2012 at 9:33 PM
Your attorney is required to withdraw as counsel if he or she is unable to continue representing you. By withdrawing that attorney waives any right he or she has to recover attorney fees and costs. Most attorney will try to refer you to another attorney who will agree ot pay the attorney who has become ill a referral fee, which is why he or she has sent your case to two (2) other attorneys to look at. You have the right to simply demand that the attorney withdraw and either find your own attorney or handle the case yourself.
Answered on Oct 08th, 2012 at 12:15 AM
I am surprised that with a permanent disability situation that an attorney will not take your case. Do you permanent disability in the sense that you cannot do any gainful employment or permanent disability in the sense that you have some permanent restrictions.
Answered on Oct 07th, 2012 at 12:58 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You can retain another attorney, who does not have to be associated with your original counsel or be referred by him. If you paid a retainer to your first attorney, or if your first attorney has done some legal work on your case, there will be issues of getting a full or partial refund of your retainer and/or payment for your first attorney's work prior to his illness. Resolution of these issues will depend on the terms of your retainer agreement with your first attorney.
Answered on Oct 07th, 2012 at 12:38 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You should find another lawyer to take the case yourself.
Answered on Oct 07th, 2012 at 11:52 AM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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You really need to just keep looking for a new lawyer as your current lawyer is not required to continue with your case if he/she is ill. His/her only obligation to you is to withdraw in a way that does not harm your case going forward. Continue to get names of good personal injury lawyers and contact them until you find one that you like that can take care of your case.
Answered on Oct 07th, 2012 at 11:17 AM
You have to find an attorney who'll handle your case. You FIRE attorney and get ALL OF YOUR FILES from him to give new attorney.
Answered on Oct 06th, 2012 at 12:43 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The court will typically allow you sufficient time to find a new attorney. Get a copy of your file that you can show to potential new attorneys.
Answered on Oct 04th, 2012 at 4:52 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
Answered on Oct 04th, 2012 at 4:48 PM
Hire another attorney, but first inform your existing attorney in writing of your intention.
Answered on Oct 04th, 2012 at 4:47 PM
Ronald A. Steinberg
You need to find a lawyer to take over.
Answered on Oct 04th, 2012 at 4:43 PM
Lisa Hurtado McDonnell
You can ask him to withdrawl and find another personal injury lawyer. It should be that hard to get a new one if liability is clear on the premise and they have insurance.
Answered on Oct 04th, 2012 at 4:43 PM
You can call around to other attorneys in your area to see if they are interested in taking over your case.
Answered on Oct 04th, 2012 at 4:33 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Your rights are the same. If you wait too long to file a lawsuit then you can't. Keep looking. If no one will take it, that tells you something is wrong. Like you are being blamed. Or you pre-existing conditions are being used to defend your exaggerated claims of new permanent pain and suffering layered on top of a total disability for which you may be receiving SSDI or retirement benefits.
Answered on Oct 04th, 2012 at 4:31 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can always terminate the attorney's representation and get another attorney.
Answered on Oct 04th, 2012 at 4:24 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may terminate the relationship and hire a new atty. No problem.
Answered on Oct 04th, 2012 at 4:23 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Sure he would voluntarily substitute out allowing you to find another attorney.
Answered on Oct 04th, 2012 at 4:22 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Consult with another attorney on your own, and if your attorney does not want your case, and tells you that, then he (or she) has no right to a claim for fees when the case does resolve.
Answered on Oct 04th, 2012 at 4:21 PM
Seek your own new personal injury attorney. You don't have to wait for your current attorney to find one.
Answered on Oct 04th, 2012 at 4:17 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You have the right to have any lawyer if you choosing handle your case.
Answered on Oct 04th, 2012 at 4:16 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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"Too busy to take the case" is often code for they didn't want to take the case. You are free to find your own attorney and this new attorney will share the legal fee with your current one. What is the case about? Feel free to contact me.
Answered on Oct 04th, 2012 at 4:15 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Find a lawyer who is willing to take over your case. See if you can get a personal recommendation rather than just looking at an ad. Then call that lawyer, meet with him/her and then if the lawyer wants to go forward, it's just some very simple paperwork that will allow that to happen.
Answered on Oct 04th, 2012 at 4:12 PM
1 Award
If your case is coming up for trial, you can request a continuance. You can always hire another attorney I represent you if your current attorney will be ill for a long time.
Answered on Oct 04th, 2012 at 4:12 PM
Personal Injury Attorney serving Providence, RI
2 Awards
If you can expand on the liability aspect of the case. Have there been any offers by the insured? You are able to leave your attorney at any point in the representation.
Answered on Oct 04th, 2012 at 4:12 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Find a new one who is healthy and has time to devote to your matter.
Answered on Oct 04th, 2012 at 4:10 PM