Will there be an issue in getting the file if our attorney dropped case civil type on a contingency before going to pre-trial in August?

If your attorney decided not to continue representing you in this case, you should have no problem obtaining the file from him.

Your are legally entitled to your file and the attorney must turn it over to you within a reasonable period of time or they can be in trouble with the state bar. They can not hold it back because you owe them some money. You should demand that all of the attorney's notes, research, correspondence with anyone, etc. be included, as the attorney will request to be compensated once the matter settles. It will not cost you anything more, as both attorneys are paid out of the percentage you have agreed to. The attorney must have gotten your permission to stop representing you and if you did not give it and sign a Substitution of Attorney form that must be filed with the court, they have to file a motion to get court approval to be removed as your counsel.