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My father hired a lawyer for a car accident I got in. Now I have a court date and my lawyer dropped my case. What do I do?

Newport Beach, CA |

My court date is in a couple of weeks and my father is not following thru with a new lawyer. What will happen when I show up to court without a lawyer? What should I do? My father created this big mess.

Attorney Answers 10

Posted

If you are old enough, YOU should start interviewing lawyers right away. This happens more than you think.
Check out the AVVO guys near you!!!

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11 lawyers agree

Posted

If your lawyer filed a lawsuit, then they need the court’s approval before they can withdraw. You need to start looking for a new attorney ASAP. If you can’t find one before your court date, then tell the judge what happened and request time to find a new attorney.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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5 lawyers agree

Posted

If a lawsuit has been filed, the only way your lawyer can withdraw is to either have you consent to a "Substitution of Attorney" or to file a motion to withdraw, with which the lawyer must serve you a copy and provide notice of a hearing. This may be the "court date" to which you refer, however, it isn't clear. The bottom line is that you need to find another attorney to represent you immediately or you risk having the case dismissed and (potentially) not being able to re-file the case.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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8 lawyers agree

2 comments

Edna Carroll Straus

Edna Carroll Straus

Posted

It is not clear (as many have stated) what sort of hearing this is. What can be inferred is that there is a problem... fees not paid or something worse. If this is a criminal case you can be assigned a Public Defender. Avvo is not your best net in this situation: you need to have a living breathing attorney.

Edna Carroll Straus

Edna Carroll Straus

Posted

PS-- I have to say I think YOU created "this big mess" when you got into an accident which apparently was... your fault.

Posted

I agree with the other answers. both give you good information. One thing. I can't tell if your court date is for a criminal/juvenile type case OR a civil case. If its a criminal case you should get REALLY serious about trying to find a private lawyer, or, if you qualify, a public defender. You don't want an angry judge.

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6 lawyers agree

Posted

You need to hire another lawyer ASAP as he will need to get a copy of your file from your prior attorney and review same so he can get ready for Trial. This process takes time and I don't know how soon your set for Trial so time is of the essence.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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4 lawyers agree

Posted

Only point I'll add is; doesn't seem to me your father did anything wrong.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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3 lawyers agree

Posted

Your prior lawyer did not do you any favors by dropping the case with a pending court date. In order for your case to be successful, you must have representation. If you are a minor and your father is your guardian ad litem, you may have to petition for a new guardian to be appointed who will take care of business. If you are not a minor, you may have to hire a lawyer on your own.

Good luck.

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6 lawyers agree

Posted

Have your father find another lawyer.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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4 lawyers agree

Posted

Go to the AVVO site and look for a lawyer in your community.

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2 lawyers agree

Posted

If you prior attorney properly withdrew from the case, i.e. there is a sign substitution of attorney, then you show up to your court hearing advise the court what happened and request additional time to find new counsel. If your attorney did not withdraw properly then the attorney should be in Court with you.

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2 lawyers agree

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