When a client agrees to hire an attorney, they have high hopes and expectations for how things will turn out. And most attorneys deliver on those expectations, even if their client isn’t the easiest to deal with. But sometimes, a lawyer has no option other than to drop their client while they’re smack in the middle of a lawsuit. Granted, attorneys can’t just “fire” their clients because they’re don’t like their personality or how they keep asking the same question over and over. There are rules and procedures that lawyers have to go by in order to justify the termination of a contract with their client. We would like to go over these guidelines today because a while ago, we received an interesting question from a frustrated caller:
“My lawyer stopped handling my injury case because he found out I had a criminal record. Can he do that?”
It occurred to us that there must be other litigants in the same position, and some of them may have given up on their right to compensation because they’re convinced no one else will take their case. We want to assure you that this is not true, and there are legal actions you can take against your attorney. Most importantly, you are no less entitled to monetary damages for your accident, regardless of your past.
If you are looking for an attorney to take over your lawsuit, contact the personal injury lawyers of Normandie Law Firm. We look forward to meeting you and fighting for the settlement you deserve.
Is it Legal for my Lawyer to Stop Handling Case?
According to the California State Bar’s Rules of Professional Conduct, there are several reasons for a lawyer to withdraw from a case if:
- The client has failed to pay legal fees that were agreed upon.
- The client is engaged in criminal activity.
- The client is using the lawyer’s service for criminal activity.
- The client refuses to cooperate with actions or requests that are necessary for the lawsuit.
- The lawyer lacks the experience to adequately represent the client.
- There is a conflict of interest between the lawyer and client (for ex, the lawyer becomes a witness for the case).
Exceptions can be made for other circumstances, but these are the general rules under which an attorney can, and should, stop handling a case. The condition that probably stood out to you is the one referring to “criminal activity.” But the rule is referring to criminal activity while the lawyer is representing you, not a criminal record from your past. So your lawyer cannot refuse to represent you just because they found out you had a criminal record.
Why Would a Lawyer Stop Representing me if I have a Criminal Conviction?
We hate to say it, but a lawyer may drop a client with a criminal past out of personal bias. Perhaps the crime their client was convicted of really rubs them the wrong way. As a result, they feel it’s best that the client find another attorney. Then again, it may not be a personal issue. Maybe your lawyer is worried that you past will be discovered by the defense. If so, they may try to use it against you to deny liability, or lessen their liability in your accident. An insecure of inexperienced lawyer may be frightened by this prospect and cut ties with a client as soon as possible.
Such behavior is unacceptable to us, not to mention irrational and unethical. When a client signs a contract with us, we make a promise to see their case through to the end. Of course, there are reasons to terminate the contract, like if the client was using out firm’s resources for a criminal enterprise. However, the discovery of a client’s past convictions does not invalidate their right to sue for their injuries. A victim is a victim when it comes to personal injury lawsuits, and a competent lawyer should understand that. It’s also worth noting that we’ve all made mistakes, and everyone deserves a second chance. Whatever happened in your past should not be clouding your lawyer’s judgment of who you are now, and if it does, it’s in your best interest to stop working with such an attorney.
What are my Rights if my Lawyer Dropped my Case over my Criminal Record?
A lawyer dropping a client upon finding out about their past convictions is an ethical violation under the California State Bar’s Rules of Professional Conduct. Unprofessional conduct by a lawyer can be reported to the State Bar through their online complaint form, or by calling their hotline at 800-843-9053. The Bar will conduct an investigation, and if your claims have merit, they will try to resolve the issue directly with the attorney. In extreme cases, they may take disciplinary actions, like suspending or disbarring the attorney. However, complaints to the State Bar take time to resolve, and you’re still without a lawyer in the meantime.
As a litigant in California, you have the right to change attorneys at any time during your lawsuit. We recommend that you do this right away, even before you file a State Bar complaint. This is important for two reasons:
- You want to prevent delays in your case, so the sooner you find a new lawyer, the sooner they can get up to date on your case.
- If you intend on filing a complaint, they can assist you with filling out the forms and include evidence to support your claims.
To learn more about your rights if your lawyer has dropped your case, contact the lawyers of Normandie without delay. Legal options are available even if you have a criminal record, but you must take action right away to ensure the best possible outcome in your lawsuit.
Can I Sue my Lawyer for Quitting my Injury Case because I had a Criminal Record?
Lawsuits against lawyers are possible, but they’re incredibly challenging. In order to sue your attorney, you’d have to prove a case of legal malpractice. Essentially, you would have to show:
- The attorney had a duty to represent you in your lawsuit.
- The attorney breached that duty through negligent / unethical conduct.
- That breach of duty negatively affected your lawsuit.
- As a result of the impact on your lawsuit, you suffered financial harm.
The challenge is in the last two factors. Sure, your attorney breached their duty to represent you by withdrawing from your case with a pending lawsuit. And yes, that breach has caused some issues that are not good for your lawsuit. But will it cause you to lose your case, or settle for a much lower amount than you deserve? Would you have gotten a better settlement had your case been handled by another attorney? These are the points you would have to prove to a judge’s satisfaction in order to win a case for legal malpractice. And proving these points is difficult unless you settle your case, or your case is dismissed as a result of your lawyer’s negligence.
With all the challenges involved, most clients choose to find a new attorney and focus on their injury claim. However, you won’t know what’s right for you until you talk things over with a personal injury lawyer. Our attorneys will be happy to discuss your case and help you make an informed decision regarding your legal options. Please give us a call and schedule a free consultation.
Am I going to have Trouble Finding a Lawyer that will take my Case?
Sadly, many injury victims with criminal records are afraid that lawyers will hold their past against them. But there are plenty of ethical lawyers out there who understand and respect your rights as an injury victim. Additionally, any lawyer with enough experience will not be intimidated by a client’s past. If you’ve been injured through someone else’s negligence, you have a case for compensation, plain and simple. You are no different than any other accident victim, nor does your case have any less merit.
The lawyers of Normandie know that life isn’t perfect, and we’ve all made decisions we’ve come to regret. We have worked with clients from all walks of life, and would love the opportunity to recover the damages you’re entitled to. Don’t hesitate to contact us and speak to one of our attorneys.
How Soon Can I Hire a New Lawyer?
Some clients do quite a bit of research before they come to us, which we can tell by the concerns they bring up during consultations. One issue that comes up time and again is the fact that a change in counsel is not official until the court grants permission. Thus, even if your lawyer tells you that they’re unable to represent you, a judge would still have to approve the termination of your attorney-client relationship. In that case, can you hire a new attorney right away or do you have to wait for the court’s decision?
As we mentioned before, you are able to hire a new lawyer at any point in your case. That’s why it’s essential to start the search process right away if your lawyer is no longer interested in your case because of your criminal record. At our law firm, clients come into see us for a free consultation. We explain the terms of their contract so they’re fully informed on the process for switching to a new law firm. We advise them of the actions we can take in their lawsuit and assure them that victory is possible, no matter what they were told by their current attorney. Best of all, we take care of the entire transfer process, so there are no awkward meetings between the client and their ex-lawyer.
If we sound like a law firm you want to work with, please reach out to us at our office and schedule a free consultation.
Normandie is Here for You
It’s bad enough when the at-fault party for your accident tries to deny you the compensation you deserve. But when your own lawyer quits on you in the middle of a case, it’s a betrayal that truly cuts deep. You’re angry and frustrated, and perhaps you’re questioning whether a lawsuit is even worth it. That decision is ultimately up to you, but to us, your case is no less important because of your past record. What matters is who you are now and the fact that you were injured as a result of someone else’s negligence. We are here to fight for your losses, such as medical bills, lost wages, and emotional distress, and we will not rest until you are fairly compensated by the responsible individuals. So if you won’t give up, neither will we.
If you choose Normandie Law Firm to represent you, there is no upfront cost to you for any of our services. With our Zero fee guarantee, there is nothing for you to pay until we win your case. And since we ask for our legal fees in your settlement, it’s the defendant that will be paying us, not you. Furthermore, you owe us absolutely nothing if we lose your case, because as we always say, “We only get paid if you get paid.” It’s a win-win situation either way, so there’s no risk to you in scheduling a free consultation with one of our attorneys.
We look forward to meeting you and doing everything we can to recover your damages.
