If your lawyer has filed a case, your lawyer may not withdraw from representing you unless you so agree or he/she files a Motion with the Court, with notice to you, and the Court allows him/her to withdraw. If your lawyer simply drops your case without your consent/court approval that is a breach of the Michigan Rules of Professional Conduct and you should file a Grievance against the lawyer with the State Bar. If your lawyer has not filed a case, but is only making a claim, then depending on the Contract/letter of understanding you have with your lawyer, then he/she may be able to stop handling your case. You will need to read your contract/agreement/terms of representation to see what rights the lawyer has to terminate your representation. If the lawyer breaches those terms, that is also a breach of the MRPC, for which you should file a Grievance. However, if your lawyer is within his/her rights in dropping you as a client, then your only recourse is to hire new counsel. If on the other hand your lawyer simply blew the Statute of Limitations and didn't file your case by a deadline, then that is legal malpractice and you can grieve your lawyer with the State Bar and also find a lawyer to sue your lawyer for legal malpractice (although there would have to be an analysis of whether the standard of practice was in fact breached and what your damages were and whether such a case in economically viable).
Answered on Jul 30th, 2013 at 9:41 PM