The legal process for a personal injury case is complicated, to say the least, which is why you hired an attorney to represent you. You take it for granted that your lawyer will be by your side until you receive that settlement check. In reality, it’s possible that a lawyer will retire in the middle of a case, which they have a right to do at any point. Of course, this puts the client in a difficult situation, as they are left to ask:
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What Happens if my Current Lawyer Stopped Working on My Case?
First and foremost, your attorney must follow the procedures set forth by the State Bar of California if they can no longer work on your case. A retiring attorney must give notice to all clients with open cases, which means you will receive a letter from them with the following options:
- The file will be transferred to another attorney, who will take over your case.
- You can pick up / order your case file and find a new lawyer to represent you.
Many people opt to find a new lawyer instead of relying on someone they’ve never met to take over their case. In an ideal world, you will receive plenty of notice that your lawyer is retiring, and your file will be sent over to you in a timely manner. Unfortunately, some lawyers are not prompt and organized during the transfer process, and as a result, you may have trouble obtaining your case file.
Until you receive the information in your file, it will be impossible to move forward with your lawsuit. But you’ve called, emailed, and texted your lawyer over and over again. What can you do if your lawyer isn’t being responsive?
How Do I Get a New Attorney if My Current Attorney Retired?
Finding a new lawyer as soon as possible is the most sensible solution if your lawyer has notified you of their retirement. Your new attorney can take care of requesting your case file and ensuring that it contains all the information you are legally entitled to. And if the retiring lawyer is uncooperative and causes significant problems in your case, your attorney can help you take legal actions to hold them accountable.
As for how to get a new lawyer, you can ask the State Bar for help, as they have a complete directory of active attorneys in your area. But you can also do your own research and schedule consultations with attorneys that are experienced in the type of claim you are pursuing. At our law firm, we offer free case evaluations for all injury victims, whether they have yet to file a claim, or they are looking for a new law firm due to their attorney’s retirement. That way, you can learn what we are all about and decide if we are the best firm to represent you, without any risk to your finances.
No matter what you ultimately decide, the important thing is to take action as soon as possible. The last thing you want is to add to the amount of time it will take to settle your case. The longer you wait to hire a new lawyer, the longer it will take to recover your losses from an accident injury claim.
My Law Firm Went Out of Business – What are My Rights?
Even if your lawyer has no intention of retiring, it’s possible that they may pass away unexpectedly while they are still working on your case. You may also be informed that your law firm is closing, which has sadly happened to many businesses due to their inability to recover from the COVID pandemic. Due to declining revenue or inability to retain their staff members, a law firm may decide to sell their practice and shut down operations permanently.
In either case, you should be informed of what has happened and what your options are if you have a pending case. Just as you would if your lawyer is retiring, you have the choice of hiring a new attorney or waiting for your case to be transferred to a lawyer of your current firm’s choosing.
How Do I Switch to Another Lawyer if my Attorney Retires?
Finding a new lawyer isn’t something most people are prepared to do, but as a general rule, there are two ways to go about this process:
- Obtain your case file from the retiring attorney and search for a new lawyer.
- Hire a new attorney and let them take care of requesting your file.
In theory, the first method sounds like a good idea, as you will need your file to start over with a new law firm. As we stated, your new lawyer should have sent you a letter with instructions on how to get your file from their office. But things can be very chaotic for a lawyer – and the firm they’re about to leave – when a retirement is in the near future. It may turn out that your lawyer is unresponsive or very slow to respond, thereby causing considerable delays in your case.
These problems can be easily resolved by finding a new lawyer as soon as possible. Your new attorney will request your file and make sure that’s it’s sent over to them in a timely manner. They will also notify the courts of your change in counsel. As a general rule, this is a more efficient method than trying to ask for the case file on your own and fighting to be heard by an attorney that already has one foot out the door.
Contact us for a Free Second Opinion
In a previous section, we talked about some other reasons that may cause a client to look for a new attorney. But what if your lawyer is still active and there’s little to no chance of your law firm shutting its doors? Are there any issues that justify changing lawyers while a claim is pending?
If there are red flags to indicate a lawyer’s incompetence or lack of caring, it may be in your best interest to find a new lawyer. For example, is your lawyer:
- Not responding to your calls or taking too long to call you back (several days or longer)?
- Asking you for information or documents that you already gave them, i.e., disorganized?
- Taking too long to make any progress in your case, including reaching a settlement?
- Pressuring you into a decision you’re not sure about, like taking your case to trial?
No matter the reason, it’s important to discuss your concerns with an experienced attorney. This is known as a second opinion, and it’s a free service that we offer to accident victims here at Normandie Law Firm. Though changing your lawyer voluntarily is a big decision with various consequences, it may be a necessary measure based on your circumstances. To determine if this is the best course of action, please call to schedule a free second opinion on your injury claim.
The Personal Injury Lawyers of Normandie
While retirement may be a welcome phase in an attorney’s life, it presents many conflicts for the clients whose cases are still in limbo. You are likely confused and worried about the fate of your lawsuit at this point, especially if your law firm is unresponsive or slow to help you with the transition process.
The legal experts of Normandie Law Firm are here for you during this challenging time. Many of our previous and current clients have come to us from other law firms, so you can count on us to take care of the transfer process on your behalf. In addition, we provide free second opinions, which will allow you to decide if we are the right firm to handle your claim.
If you choose to hire one of our attorneys, you don’t need to worry about legal fees under the Zero Fee Guarantee. We take care of the entire transfer process with your current law firm at no cost to you. Then, we get right to work on recovering your payment and securing the funds you deserve. We only receive payment when you do, so if we don’t win your case, you owe us $0.
We look forward to speaking with you and assisting in the transition process if your lawyer has retired before settling your case. Contact us right away to schedule a free case evaluation.
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