Legal recourse against a Lawyer that drops your case?

CaseTragedy

Platinum Member
Oct 24, 2000
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A friend was rear-ended a long while ago and wanted to sue. She found a lawyer that said she had a case and took it. The lawyer told her to rent a car and visit a chiropractor. After weeks of ignoring my friend--the lawyer finally decides to drop her case. Now she's stuck with the rental & medical bills (~$800). Does she have any other options?
 

axelfox

Diamond Member
Oct 13, 1999
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I think she can file a complaint with the state bar association, but I'm not sure if she has a case for malpractice. She would have to go to another (ugh) lawyer for that recourse.
 

jemcam

Diamond Member
Jan 3, 2001
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If she dropped the case, she owes the money. If she doesn't feel she owes it, she should pursue. What's to figure out, it's as simple as that.

That's pretty much it. I think you'll have a hard time finding another lawyer if she's already dropped one lawyer and now she wants to sue him.
 

jtusa

Diamond Member
Aug 28, 2004
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Originally posted by: jemcam
If she dropped the case, she owes the money. If she doesn't feel she owes it, she should pursue. What's to figure out, it's as simple as that.

That's pretty much it. I think you'll have a hard time finding another lawyer if she's already dropped one lawyer and now she wants to sue him.

I think he meant the lawyer dropped his friend's case, not vice versa.
 

Drakkon

Diamond Member
Aug 14, 2001
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1. Find a new Lawyer
2. File a complaint with state bar assoiation
3. Explain to new lawyer situation
it should be that simple and straight forward...hopefully friend has kept a running record of bills/dates/convos with prev lawyer and where stand if anywhere in litigation
 

Yo Ma Ma

Lifer
Jan 21, 2000
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When you say the lawyer took the case, was there a contract signed? If so, read the contract and see what if any provision is made for the situation. Also I think reporting to the state bar assoc. is a good idea.

Is there going to be a criminal prosecution? Because I believe your friend could ask to be reimbursed for the $800 charges there as part of the restitution.

Has she seen another lawyer about the case? Perhaps it just isn't profitable enough for any lawyer to take on, in which case she should probably drop it.
 
Feb 10, 2000
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Under most states' rules of professional responsibility, the attorney can't drop representation without the client's permission.
 

imported_judge

Senior member
Jun 30, 2004
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When your friend went to see characpracter she signed some papaers, she needs to read those papaers to see who is liable when case is dropped. The way it usually works is Lawyer, Doctor takes a risk if Lawyer wins, you get 1/3, lawyer gets 1/3 and the doctor gets one 1/3. If they lawyer loses no one gets anything. I have no idea what happens when lawyer just drops a case but considering that lawyer send your friend to see the doctor(i assume this part) I would think Laywer woulld be responsible. I would advice to contact an attorney and consult him on this issue, first cosultation is usually free
 

jemcam

Diamond Member
Jan 3, 2001
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Originally posted by: jtusa4
Originally posted by: jemcam
If she dropped the case, she owes the money. If she doesn't feel she owes it, she should pursue. What's to figure out, it's as simple as that.

That's pretty much it. I think you'll have a hard time finding another lawyer if she's already dropped one lawyer and now she wants to sue him.

I think he meant the lawyer dropped his friend's case, not vice versa.

Sorry OP, my bad. Best of luck.