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

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

Posted

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 upon any legal advice.

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Posted

That is what my attorny said that the judge will decide wheter he can or cannot represent me. I have an appointment today to prepare myself for testimony for mondays trial.He said its law to go over it just.in case the judge allowed him to represent me. Is this all BS?

Posted

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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Posted

What is best to do in my situation then I have 6years fighting this case will the judge let me fight the case or what will happen

Posted

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.

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Posted

So if I get another.lawyer will the case take years again or ill have trial with this lawyer? And about the $6,000 dollars I will.be asking him today about that .I am going to ask him for proof it seems fishy to me like if he was selling himself out.

Brett A. Borah

Brett A. Borah

Posted

I know little to nothing about your case. I cannot comment on how long it will take to resolve. I don't know if the $6,000 thing is fishy....I just don't understand what it's all about. I suggest you make nice withyour lawyer. He's working on your behalf. He wants to get it done so he can get paid. He wants to get you as much money as possible as his fee is a % of what you get. You two are riding the same wave. Work with him unless the relationship has just totally broken down.

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