My Lawyer Quit in the Middle of My Lawsuit! Now What?

Your lawyer said you had a good case, and filed your lawsuit in court. Things seemed to be going fine—for a while, anyway. The other side made a settlement offer but you thought it was too low, so you rejected it. After that, your lawyer quit. You got a letter telling you they were going to notify the court they were withdrawing, and asking what you wanted done with your file.

You, understandably, are left feeling lost and confused. Can your lawyer do that? Just quit in the middle of a lawsuit? Why would that happen? Most importantly, you don't know what to do next. Do you have to represent yourself? Will another lawyer take your case? Or is your lawsuit effectively over?

Though not commonplace, the situation we describe does sometimes happen. Yes, it's a setback. You might need to re-evaluate the case and your expectations. But it doesn't have to mean the end of your lawsuit. We'll explain why.

It Starts With the Attorney-Client Relationship

To understand why your attorney might quit in the middle of a lawsuit, we need to start at the beginning—with the attorney-client relationship. It's surprisingly complicated, for lots of reasons.

On one level, it's a voluntary contractual relation, just like the one you might have with your auto mechanic or a housepainter. You agree to certain terms, they do some work, and you pay them. That part of it is pretty simple.

But an attorney has duties to you that your housepainter doesn't, especially when you're in the middle of a court case. State laws and rules of professional conduct—rules of behavior that apply to all lawyers—govern your relationship in ways that simply don't apply when you take your car into the shop for service or hire someone to paint your living room.

In particular, your attorney is what the law calls a "fiduciary." A fiduciary is someone who occupies a relationship of special trust and confidence with another. The nature of this relationship means the fiduciary often has to put your best interests above their own interests. So, what does this have to do with your attorney quitting your lawsuit?

When your lawyer decides that your best interests aren't being served by them continuing to represent you, they're probably required—legally and ethically—to end that representation. There might be more to it when you're in the middle of a lawsuit. The judge has a lot to say about whether a lawyer can or must withdraw. But in most cases, a judge will accept an attorney's judgment that your best interests mean the attorney has to stop representing you.

Why Might an Attorney Quit Mid-Lawsuit?

There are lots of reasons your attorney might decide to withdraw in the middle of a lawsuit. Here, in no particular order, are some of the most common.

A Breakdown in the Relationship

Recall that above, we said the attorney-client relationships is grounded in trust and confidence. When your attorney decides that these elements of the relationship are deteriorating or are no longer present, it's time to withdraw.

In most cases, this is a two-way street. You don't feel like your lawyer is working hard or doing their best, and your lawyer senses that you've lost confidence in them. It's best for both of you to go your separate ways.

You're Not Paying the Bills

Nonpayment usually isn't a problem in personal injury or car accident cases. Lawyers usually take them on a contingency basis. The lawyer agrees to do the work and advance all case expenses, then takes a fee and recovers those expenses on the back end, when the case settles or a court judgment is paid.

But if your attorney is billing you for their services and you don't pay, that's grounds for ending the representation. If you're not paying because you are unhappy with the lawyer's work, that's even more reason for the attorney to withdraw.

You Fire Them

The decision to hire and fire your attorney is—absent unusual circumstances—yours to make. If you decide to let your lawyer go mid-case, that means the end of the attorney-client relationship.

You'll have to pay any outstanding bills, of course. And if the lawyer took your case for a contingency fee, they might claim a fee or their case expenses out of any recovery you eventually make. Your new lawyer (if you hire one) will negotiate those financial issues with your old one.

The Lawyer Can't Competently Represent You

Lawyers, like most doctors, usually specialize in handling certain kinds of cases and clients. For instance, you probably wouldn't want a lawyer whose entire practice involved nothing but federal contracting law to take on your divorce case. Stated more directly, a lawyer can't ethically represent you if they don't know what they're doing.

Most lawyers have a good understanding of the kinds of cases they're able to handle. Occasionally, though, they make a mistake. Maybe a case turns out to involve issues the lawyer didn't foresee, or the facts of the case demand a level of legal expertise that wasn't at first apparent. When that happens, the rules of professional conduct are clear: The lawyer has to get out.

You Disagree About the Value of Your Case

One of the most common reasons why a lawyer quits mid-suit is because of a disagreement with the client over case value. Usually, the client thinks their claim is worth more (often a lot more) than does the lawyer. The lawyer brings their client a settlement offer—as they're ethically required to do with all offers—and recommends they take it. The client refuses.

As the client, it's your right to accept or reject a settlement offer. But in most cases, your lawyer knows more about the true value of your case than you do. Part of a lawyer's job is to communicate that value to you, and clearly. Unfortunately, there are times when, for one reason or another, that communication doesn't happen. If your lawyer doesn't think they can meet your expectations, you need to find another lawyer (or try to, anyway) who you think can.

Your Behavior Means the Lawyer Has to Withdraw

There are a few situations when a client's behavior leaves their attorney with no choice but to drop the case. Specifically, if you tell your lawyer (or your lawyer otherwise has very strong reasons to believe) that you're going to lie under oath, commit a crime, or engage in behavior that's a fraud on the court, the rules of professional conduct are clear.

In any of those situations, your lawyer must ask the court for permission to stop representing you. Other ethical rules also apply, and might limit exactly what your lawyer can disclose to the judge. But your attorney is an "officer of the court," meaning they cannot, under any circumstances, participate in actions that would implicate them in your criminal or fraudulent misconduct or knowingly mislead the judge.

Options When Your Lawyer Quits

Generally speaking, you've got two options when your lawyer quits in the middle of your lawsuit. You can represent yourself, or you can hire (or try to hire) a new lawyer to represent you.

Representing Yourself

You always have the option to handle your own case. Most often, though, that's a bad idea. With the possible exception of small claims court, a courtroom is no place for amateurs. For starters, your case is controlled by your state's rules of civil procedure and rules of evidence. Under the best of circumstances, those rules can be complicated and hard to understand.

If your case involves complicated facts, difficult legal issues, or your injuries and damages are serious, you'll quickly be in over your head. The other side will be represented by counsel, and those lawyers know how to make quick work of unrepresented parties. If you can hire a new lawyer (see discussion below), you should.

Hiring a New Lawyer

In the overwhelming majority of cases, your best interests will be served by hiring new counsel. If your case is factually and legally sound and you've got solid personal injury damages, you shouldn't have trouble finding a well-qualified lawyer to take you on as a client.

Here's the problem, though. Cracks in the attorney-client relationship tend to more frequently appear when your case is weak or the outcome is in serious doubt. Should you find yourself in that situation, don't be surprised if you encounter some headwinds in finding new representation.

These are some of the reasons why.

• Generalized suspicion. Lawyers tend to be a suspicious bunch. When one lawyer sees that another has walked away from your case mid-lawsuit, red flags go up right away. Chances are you can explain their concerns away, but you'll need to answer some questions.
• Your case isn't worth much. A new attorney will be hard pressed to take your case on—especially when it's already in court—if they think it isn't worth much, or isn't worth much more than what's already been offered. They don't want to have to throw money at your case to move it forward when they don't see the value (or additional value) to warrant the expense.
• Your former lawyer is asserting a lien. Lawyers can assert an attorney's lien—a legal claim for what they're owed—on the settlement or judgment proceeds of your case. Among other things, that might mean your new lawyer can only claim a fee on any amount they get in excess of what you've already been offered. Many times, they'll simply decide it's not worth the effort and pass on representation.
• You have a reputation. After you've contacted a new lawyer to take the place of the one who quit, who do you suppose that new lawyer is going to call? That's right—your former counsel. If the former attorney says (or more likely, suggests without directly saying) that you're a difficult or problem client, the new lawyer won't touch your file with a 10-foot pole.

With all that said, if you find yourself facing any of these circumstances, don't give up. Odds are you'll be able to hire a new attorney. It might take some time, though, so be patient.

As you conduct your search, try to use what happened as a learning experience. In particular, have an honest conversation with yourself about your expectations, how realistic they are, and whether you need to be prepared to accept less for your case than you might have hoped.

Here are some steps to consider if you're struggling to get the help you need.

• Bar association referral services. Contact your local county bar association and ask if they have a lawyer referral service. Many do, and they can be a great way to find qualified legal help.
• Pro bono legal services. Some bar associations offer pro bono legal assistance—free legal help—in some kinds of cases. Check your state and county bar association websites to see what's available.
• Law school legal clinics. If you live in the vicinity of a law school, find out if it sponsors a legal clinic. Typically, law students work under the direct supervision of law professors. Students do good work, they're eager for the experience, and (except for case expenses) the representation usually is free.

Next Steps

Having a lawyer quit your case mid-lawsuit can be a frustrating and intimidating experience. Suddenly—often without warning—you find yourself swimming with sharks in very unfriendly waters. The good news is that you probably won't have any trouble finding new counsel, particularly if you've got a decent case. Relationships sometimes hit the rocks, and that's certainly true of attorney-client relations.

If your case is weak or isn't worth much, it might be a different story. Odds are you can find another lawyer, but be patient and be realistic. If you talk to a number of lawyers and they all tell you your case is worth less than you thought it was, it probably means your early expectations were unrealistic. Learn from it and move on.

When you're ready to start your search for a new lawyer, here's how to find one that's right for you.