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Getting a letter that says your lawyer will no longer handle your injury case is stressful. You may feel stuck, or wonder if your case is over. It isn't always. But the deadlines on your claim keep running, so it's important to act quickly. Kent Law reviews car accident and injury cases that another firm has dropped. Call (480) 359-KENT today for a free case review.
What to do right now
- Keep the letter. Whether it's called a withdrawal letter, a closing letter, or a disengagement letter, keep it. Note the date and any deadline it mentions.
- Ask for your file in writing. Send an email or letter asking for your complete file, and keep a copy of your request.
- Find out whether a lawsuit was filed. If a lawsuit is already on file, the court case has its own deadlines, and they generally don't pause automatically because your lawyer is leaving. Tell us right away.
- Be careful with the insurance company. If an adjuster contacts you, you can say you are getting a new lawyer. Call us before you give a recorded statement.
- Keep getting medical care. Follow your doctor's advice and keep your records and bills.
- Call for a second look. Bring the letter and anything you have. We'll tell you honestly where things stand.
Got a withdrawal letter? Call us for a second look.
Have the letter and anything else you have nearby. We'll tell you honestly where things stand. Deadlines keep running, so don't wait.
Why lawyers withdraw from injury cases
There are many reasons a law firm may stop handling a case. Some have to do with the case. Others have more to do with that firm.
- The firm and the client disagree about who was at fault or what the case is worth.
- The at-fault driver has little or no insurance, and the firm doesn't see a way to recover more.
- The firm finds a conflict of interest.
- Communication between the client and the firm has broken down.
- The firm's caseload or practice focus has changed.
A different lawyer may see your case differently. Or they may reach the same conclusion. Either way, you deserve a straight answer, and we give one.
Deadlines don't stop when your lawyer leaves
In Arizona, most injury lawsuits must generally be filed within 2 years (A.R.S. § 12-542). If your lawyer spent months on your case before withdrawing, much of that time may already be gone.
Claims involving a public entity or public employee, like a city bus, a county truck, or a government employee driving for work, have shorter deadlines. A notice of claim is generally due within 180 days (A.R.S. § 12-821.01), and the lawsuit generally must be filed within 1 year (A.R.S. § 12-821). Different rules can apply to minors and other situations. Read more about the Arizona personal injury statute of limitations.
Your old lawyer's letter may mention a deadline. Confirm it with a new lawyer as soon as you can. If you're close to a deadline, call today.
Getting your file
When a representation ends, Arizona's ethics rules require the lawyer to take reasonable steps to protect the client's interests, including giving the client the papers and property the client is entitled to (Ariz. R. Sup. Ct. 42, ER 1.16(d)). If you hire us, we can request the file for you.
Your file may include:
- The police or crash report
- Medical records and bills
- Photos and video
- Letters and emails with insurance companies, including claim numbers
- Any settlement offers
- Court papers, if a lawsuit was filed
Having your file helps us review your case faster. If you don't have it yet, call anyway. We can start with what you know.
What about your prior lawyer's fees?
If your prior lawyer did work on your case, they may ask to be paid for that work out of any recovery. Whether they can, and how much, generally depends on your agreement with them and on Arizona law. Before you hire us, we look at what you signed and explain how it could affect you. With Kent Law, there is no fee unless we win, and we explain our written fee agreement before you sign it.
If you want to switch lawyers
Maybe your lawyer didn't drop you, but you're unhappy with how your case is going. You choose who represents you, and you can get a second opinion. We will not criticize your current lawyer. We'll listen, look at where your case stands, and explain your options. The decision is yours.
How Kent Law can help
Most of our cases are car accident claims and other motor vehicle crashes in Phoenix and the East Valley. We also handle claims involving uninsured and underinsured drivers. When a case comes to us from another firm, we:
- Check your deadlines first
- Request and review your file
- Look at the insurance available, including your own policy
- Tell you honestly whether we can help
Our office is in the Ahwatukee area of Phoenix. If you can't get to us, we can meet by phone or video. Call (480) 359-KENT for a free case review.
Worried about calling? Here is what to know
- Worried about cost? No fee unless we win. If you hire us, we explain the written fee agreement before you sign it.
- Already talked to the insurance company? Many people do before they call us. Tell us what you said and anything you signed, and we'll explain where you stand. Before you give another recorded statement, call us.
- Not sure your case is worth it? You don't have to figure that out alone. Tell us what happened. An attorney reviews your case and tells you honestly whether we can help. There is no obligation.
- Can't get to our office? We usually meet at our office. If you can't get here, we can come to you at the hospital or at home, or meet by phone or video.
- Se habla español. We have Spanish-speaking staff, and interpretation is always available.
Call for a free case review.
Frequently asked questions
Does it mean I have no case if my lawyer dropped it?
Not always. Lawyers withdraw for many reasons, and some of them have nothing to do with how strong your case is. A different lawyer may see your case differently, or may reach the same conclusion. Either way, you deserve a straight answer. Call (480) 359-KENT for a free case review.
How do I get my file from my old lawyer?
Ask in writing, by email or letter, and keep a copy. When a representation ends, Arizona's ethics rules require the lawyer to take reasonable steps to protect your interests, including giving you the papers and property you are entitled to (Ariz. R. Sup. Ct. 42, ER 1.16(d)). If you hire Kent Law, we can request the file for you.
How long do I have to find a new lawyer?
Your deadline generally depends on your case, not on when your lawyer left. Most Arizona injury lawsuits must generally be filed within 2 years (A.R.S. § 12-542). If a public entity or public employee is involved, a notice of claim is generally due within 180 days (A.R.S. § 12-821.01), and the lawsuit generally must be filed within 1 year (A.R.S. § 12-821). If you are close to a deadline, call today.
Will I have to pay two lawyers?
If your prior lawyer did work on your case, they may ask to be paid for that work out of any recovery. Whether they can, and how much, generally depends on your agreement with them and on Arizona law. Before you hire us, we look at what you signed and explain how it could affect you. With Kent Law, there is no fee unless we win.
Can I switch lawyers if my lawyer didn't drop me?
Generally, yes. You choose who represents you. If you are unhappy with how your case is going, you can get a second opinion. Call us and we will talk through your situation. We will not criticize your current lawyer, and the decision is yours.
Will Kent Law take my case?
We can't promise that before we review it. We look at the facts, the injuries, the insurance, and the deadlines, and then we tell you honestly whether we can help. The review is free, and there is no obligation.
Sources
This page is general information, not legal advice. Every case is different.