Both lawyers have withdrawn — can the case go on without one?
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed July 2023
Legal Inquiry
Consumer Legal Issue
I was in a personal injury accident in July 2021. I have been through two lawyers: the first stopped communicating, and the second told me today that they can no longer represent me. Is there any way I can take my case to court myself?
Attorney Answer
Yes, a person may act for themselves — but the far more urgent question is what has happened to the deadline.
Take the deadline first, because it governs everything else.
Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues.
That is O.C.G.A. § 9-3-33. For an accident in July 2021 the two-year period would ordinarily have ended in July 2023. Whether that matters depends entirely on one fact: whether a lawsuit was actually filed before it expired. If it was, the case exists and continues, and withdrawal by counsel does not undo it. If it was not, the position is very different.
So the first thing to establish is not how to proceed without a lawyer — it is whether there is a filed case, in which court, and under what case number. A previous lawyer is obliged to return your file, and that file will show it.
A person may represent themselves in a civil matter, but doing so in a personal injury case with a contested deadline is difficult, and a new lawyer will want to know the filing position before taking it on.
What you can do
1. Ask both previous firms in writing for your complete file and for confirmation of whether suit was filed. 2. If suit was filed, get the court, the case number and the next date. 3. Check any court order permitting withdrawal — it often sets a period to find new counsel. 4. Approach new counsel immediately, and tell them the accident date up front. 5. Do not let a deadline run while waiting for a file to arrive — raise the urgency explicitly.
⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
Can a person bring a personal injury case without a lawyer in Georgia?
A person may represent themselves in a civil matter. It is demanding in a personal injury case, particularly where a limitation deadline is in question.
What happens to a case when a lawyer withdraws?
Withdrawal does not end a case that has been filed. A court permitting withdrawal often allows a period to find new counsel, and the client is entitled to the file.
Does a lawyer have to return the client's file?
A client is entitled to their file. Requesting it in writing, and asking specifically whether suit was filed and in which court, is the practical step.