When your injury lawyer asks to withdraw after mediation

Attorney Answer

A lawyer can ask to leave a case, and courts generally allow it when it can be done without unfair harm to the client, so plan for the lawyer leaving. In a filed lawsuit, the lawyer needs either your consent or the court's permission. If the lawyer goes to the court, you get notice and can attend the hearing and tell the judge how a withdrawal now would affect your case. What matters most is the next step: get your complete file, learn your court dates, and talk to other lawyers about taking the case over before any deadline passes.

How a lawyer leaves a filed case. Cal. Code Civ. Proc. § 284:

The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows:

1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes;

2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.

That section applies once a lawsuit is on file. If no suit has been filed, there is no court application, and the lawyer's professional-conduct rules govern how the representation ends.

The Court of Appeal has read § 284 to mean that a lawyer may withdraw with the client's consent or, without it, with the court's approval, and only after taking steps to avoid reasonably foreseeable prejudice to the client: Ramirez v. Sturdevant, 21 Cal. App. 4th 904 (1994). The same court said it knew of no authority that keeps a lawyer in a case when withdrawal can be accomplished without undue prejudice to the client. So the hearing is less about whether the lawyer may leave than about how and when.

Until the change is filed. Cal. Code Civ. Proc. § 285:

When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party. Until then he must recognize the former attorney.

So the other side keeps dealing with your current lawyer until written notice of a new lawyer, or of your representing yourself, is given.

Representing yourself. You may, but a personal-injury case after mediation usually involves discovery, evidence questions and trial deadlines that are hard to manage alone. If the lawyer applies to withdraw, you can ask the court at the hearing for time to find a new lawyer. A new lawyer will want to review the video and the rest of the evidence with you before deciding whether to take the case.

What you can do

1. Ask your lawyer in writing whether a lawsuit is on file, what the next court dates and deadlines are, and whether a trial date is set.

2. Ask in writing for a complete copy of your file, including the video and everything exchanged with the other side.

3. If you receive notice of a motion to withdraw, note the hearing date and attend.

4. Before you sign anything consenting to the withdrawal or naming yourself as your own lawyer, find out what deadlines are coming.

5. Start contacting other personal-injury lawyers now, and bring the file and the dates.

6. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. A filed case runs on court deadlines that do not stop because a lawyer leaves. If no suit was ever filed, Cal. Code Civ. Proc. § 335.1 allows two years from the injury to file one. Have a lawyer check the dates in your file rather than counting them yourself.