When Your Lawyer Drops Your Case
If your lawyer has dropped your car accident case, you are probably feeling frustrated, confused, and maybe even panicked. Right now, you’re probably wondering if you still have a case or if you can even hire another lawyer to represent you.
But there’s good news.
In Texas, clients generally have the right to change attorneys at almost any stage of a case. The bad news is that you may be up against tight deadlines, legal obstacles, and practical challenges in finding a new lawyer.
This article explains why personal injury lawyers sometimes withdraw from car accident cases, what your rights are in Texas, and the steps you should take immediately to protect your claim.
Why a Lawyer Might Drop a Car Accident Case
Attorneys can withdraw for many reasons and in most cases, it has nothing to do with whether you are telling the truth or deserve compensation.
Some of these reasons include:
- Lack of Strong Evidence
If your case does not have enough proof of liability or damages, a lawyer may decide it is not worth the risk and expense to continue. - Low Potential Recovery
In Texas personal injury cases, lawyers typically work on a contingency fee basis. If the likely recovery is small, the lawyer may not be able to justify the cost of pursuing it. - Conflict of Interest
If the lawyer discovers that they represent someone connected to your case (such as another driver, a witness, or an insurance company) they may be required to withdraw by law. - Client Communication Problems
Missed appointments, unanswered calls, or refusal to follow legal advice can lead to a breakdown in the attorney-client relationship. - Statute of Limitations Concerns
If too little time remains before the filing deadline and the lawyer believes there is not enough time to prepare the case, they may step away. - Case Outside Their Scope
Sometimes new facts reveal that your case involves legal issues the lawyer does not normally handle.
Texas Law and Your Rights
If your lawyer withdraws, it is important to understand your legal position in Texas.
- You Can Hire a New Lawyer
Texas law generally allows you to replace your attorney at any time. You do not need permission from the court unless your case is already in litigation and deadlines are set. - Your Former Lawyer May Have a Lien
Many contingency fee agreements give the original lawyer a right to be paid for work already performed. This can affect how much a new lawyer is willing to take on. - Two-Year Statute of Limitations
In most Texas car accident cases, you have two years from the date of the accident to file a lawsuit. If the deadline is close, you must act quickly. - Contingency Fee Agreements Still Matter
Your original agreement may include terms about case files, expenses, and fee division. These can carry over when you switch lawyers.
Steps to Take Immediately
If your lawyer has dropped your case, do not wait. Here are the most important actions you can take:
- Request Your Case File in Writing
Texas law gives you the right to a copy of your complete file, including evidence, correspondence, and pleadings. - Ask for the Reason in Writing
Understanding why the lawyer withdrew will help you explain the situation to potential new attorneys. - Review All Deadlines
Find out exactly when the statute of limitations expires and whether there are any upcoming court dates. - Consult Another Attorney Promptly
The sooner you start talking to other lawyers, the better your chances of finding someone willing to take the case. - Stay Off Social Media
Anything you post can still be used against you by the insurance company or defense lawyers.
When Another Lawyer Might Still Take Your Case
Even if one lawyer dropped your case, another might see it differently. You could still find representation if:
- New evidence has surfaced, such as a witness statement or security camera footage.
- Your medical condition has worsened, making your damages more substantial.
- The first lawyer lacked the resources or experience for your type of case.
- Your case has strong liability but needs a lawyer with more trial experience.
When It May Be Hard to Find a New Lawyer
Some cases are simply too risky or close to the deadline for another attorney to take on. This can happen when:
- There is almost no time left before the statute of limitations expires.
- The damages are too low to justify the cost of litigation.
- Liability is unclear and there is little supporting evidence.
- Multiple lawyers have already turned down the case.
Avoiding the Same Problem Again
If you hire a new lawyer, it is important to maintain a strong working relationship. You can reduce the risk of being dropped again by:
- Returning calls and emails promptly.
- Providing all documents and information as requested.
- Following your medical treatment plan without gaps.
- Being truthful about every detail of your accident and injuries.
Attorney Omar’s Final Thoughts
Having your lawyer drop your car accident case can feel like the end of the road, but in Texas you often still have options. The key is to act quickly, gather your file, and consult another attorney who can evaluate the situation. In some cases, a second opinion can reveal strengths in your claim that the first lawyer did not recognize.
If your lawyer has dropped your case, you do not have to face the insurance company alone. Attorney Omar can review your situation, explain your legal options, and help you determine the best path forward.
Call us today for a FREE consultation and find out how Attorney Omar can help you move forward.