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.
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.
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.
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.
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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.
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.
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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
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.
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.