Legal Question in Personal Injury in California
Can an attorney who took my case on a contingency, drop me as a client because I won't accept the opposing sides offer (settle)
9 Answers from Attorneys
Yes, as long as you have time to obtain another attorney.
Sit down with your attorney and find out why he feels you should accept the offer. If he cannot satisfy you and you have time to locate a new attorney without prejudicing your rights, he can withdraw with a noticed court motion or if you become your own attorney voluntarily or if you find a new attorney.
The attorney has agreed to gamble with you that you can get a recovery. You put in little or nothing. The attorney put in time that could have been billed and paid for by the hour by taking other cases. The attorney is willing to keep working for you until the case is tried or you get a settlement offer that is as good or better than what the attorney in their professional judgment thinks you will get at trial. Once that offer is on the table, though, if you want the attorney to reject the offer and keep working, you are asking them to take money they have earned working hard for you, and play the lottery with you in the hopes that you can get more, and with the chance of a defense verdict. You cannot ask or expect an attorney to play the Lotto with you, and if you force the issue, they must follow your instructions but then may withdraw.
Speak to your attorney and try to work out your differences. That's the better direction. If you can't, then try to find another lawyer. Good luck.
If you don't like the offer and want to proceed, then pay the costs of going forward with the trial, including expert fees, if any. I am sure your lawyer will continue representing you if you offer to gamble with your money rather than his.
Yes, and issue a notice of lien on your recovery.