Legal Question in Personal Injury in California

Re: Attorney dropped personal injury case after 3 years

The fact that your attorney got the court's permission to withdraw likely means you can't successfully take any action against him for withdrawing.

When a witness -- especially the plaintiff -- doesn't show up for his deposition, the court is supposed to make him pay for the other sides' fees and costs unless the witness had a substantial justification for not being there. Substantial justifications include lack of notice, a reasonable belief that the law did not require attendance, etc., but judges have quite a bit of discretion to say what is reasonable and what isn't.

Engine trouble is really not a "justification" so much as an explanation. A justification is a reason why you could properly refuse to attend, but an explanation simple provides the facts behind your absence.

While the breakdown probably did prevent you from appearing, someone still has to pay for the time and expenses the other parties incurred. The question is thus who should pay for these costs. Should all the other parties pay lots of extra money because of your engine trouble, or should you pay it? Since they had no control over how you traveled and you did, I think most judges would deem in unfair to make the other parties absorb these costs.

You need to recognize that, if the court makes you pay these costs, it won't be a penalty because you did something wrong. Instead, it will reflect the fact that someone has to pay and a decision that there is more reason to make that someone you than the other parties.

How people react to situations like this is affected by their prior experience with the witness. If you have a history of not obeying the rules and this seems like just another in a series of improper acts, your judge will be less sympathetic than if this is the first such incident. Even though the sanction is not a punishment, a judge who feels you deserve to be punished will not want to let you off the hook. You stand a better chance with a judge who is sympathetic than with one who isn't.

This may also be why your attorney reacted so harshly. Have you been a difficult client -- i.e., have you fallen far behind in your bills or failed to cooperate with your lawyer? If not, then maybe he was just hypersensitive. You may be able to get another lawyer if the case is strong, even at this late date. But if you have been a bad client you should not expect other lawyers to be eager to work with you.

Good luck.

Re: Attorney dropped personal injury case after 3 years

You should try to find an attorney immediately.

Since travel is an issue, you should try to find an attorney where you live.

If you don't find an attorney to help you you will probably have a lot of difficulty proceding with your case.

Any further delay will likely make it more difficult for the attorney that you hire.

Things can happen but your new attorney will need your full and honest cooperation.

There may be things that your new attorney can do to help if a motion for costs and sanctions is brought.