Can a Personal Injury lawyer drop your case if he feels he wont make enough money?

by admin on July 27, 2010

I was in a car accident a couple months ago. The police report said I was 100%clear of fault and even gave the other guy a violation for dangerous lane changing. I have pics that prove my case but of course the guy works for a large company and they are fighting it. As soon as my attorney was informed by the other insurance company that they were not fighting the claim, he quit and said it was not worth his while to take my case now and that I would need to get a differnt attorney. Is this ethical, can he just quit my case because he doesnt feel he will make enough money? I have back injuries and my truck has around 00.00 in damage and I am afraid this is going to hurt my case. I have contacted another attorney that said he would be happy to take my case and it sounds like the big insurance company bullied my other attorney. Does anyone have any advise or have a similar situation that had a postive outcome? I am in need of some serious motivation, im feeling beaten down already.

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{ 3 comments }

rickinnocal July 27, 2010 at 12:21 am

A lawyer is, like any other businessman, in business to make money. Just as a painter will not agree to paint your house for a fee that he feels will not allow him to turn a profit, a lawyer will not take a case that he feels will not let him make money.

Now, there are ethics rules about "when" a lawyer can drop a case, but it sounds like this was easily early enough in the process that he’s free to do so. (He couldn’t call you at home the night before trial and drop you)

If your damages are only a few thousand dollars, and he’s looking at a protracted fight against a well-funded insurance company, he may well be right that the share of the judgment he is looking at is not enough to pay for all the time he will have to invest.

The answer is to find a "hungrier" lawyer.

Richard

J P July 27, 2010 at 12:21 am

Consider this a blessing. Your first lawyer wasn’t experienced enough, confident enough or aggressive enough to see the case through. You don’t want a lawyer like that. Be glad that you found out now, and not 6 months down the road when he was telling you to fold and accept a low offer. You’re way better off now.

MSAD July 27, 2010 at 12:21 am

Yes he can quit.

Many attorneys take on a case and scope it out. If they learn more information and determine that it’s not a winner or they won’t make enough money…they drop the case.

He will give you a copy of your file and a letter that he no longer represents you.

Attorney’s are in the business to make money. That’s why they take 1/3 of any settlement you get as their fee. If they don’t think they can make money on it….they cut their losses.

Perfectly legal. Perfectly ethical.

As far as hurting your case goes.

Your case is what it is. It’s based on the facts, damages etc.

Having an attorney does not change the facts.
Who the attorney is does not change the facts.

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