Can my lawyer disclaim my case?What happens if he cant represent me in trial?will I lose my case or can I fight?

Asked over 1 year ago - Coachella, CA

Workers Compensation case im injured. i have trial on march 25 2013 my lawyer sent me a letter 1week ago stating that he wasnt going to represent me anymore.The reason why was because I had agreed to a discrimination settlement for $5,000 the insurance took to long(i was in need at that time) so I told my lawyer I didnt want the money anymore.He notified the insurance and.they appelead a case againt ME AND MY LAWYER suing us for $6,000 each.My lawyer told me because of paperwork process and because.i had agreed.then I refused.So now my lawyer doesnt want to be my lawyer because.theyre suing him.He said.the judge will decide whether he can fight my case or not.Can ge do that? And what if.he cant represent me whats going to happen with my case?also my 2 testimonys wont be able to make it.wh

Attorney answers (3)

  1. George Ellis Corson IV

    Contributor Level 20


    Best Answer
    chosen by asker

    Answered . I have no idea what you are talking about. The Attorney cannot leave your Workers' Compensation case without your permission or the Judge's permission. If he does, you will probably be given a chance to find another Attorney.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  2. Brett A. Borah

    Contributor Level 20

    Answered . I don't know what it means to "disclaim" a case. A lawyer cannot withdraw from a case without either you signing him off or a judge signing him off. He cannot simply walk away from you.

    Don't cut off your nose to spite your face. it takes time to settle a case. If the $5,000 was a good deal then, it's probably still a good deal now. If you'd signed the paperwork when offered, you'd probably have your money by now. Instead, you have nothing but headaches.

    I can't see how the insurance company is sueing you for $6,000.00. In 33 years, I've never seen that.

    When your attorney shows up at court for the trial and asks the judge to be let out of the case, you can agree or not. The judge can let him out or not. If he's out, the judge will probably give you some time to find another attorney but remember, you've already got a black mark against you over this fiasco. On the chance that your attorney gets out, you may want to spend the next three days looking for your new attorney.

  3. John M Connell


    Contributor Level 19


    Lawyer agrees


    Answered . Any attorney that is in that situation would advise the client that he may have aconflict that would prevent him from continuing to be the attorney of record. I would ask him for an explanation and would see what other calif attorneys here think but if an attorney has a conflict this is what must be done

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