Legal Question in Personal Injury in California

Attorney dropped personal injury case after 3 years

I was rear-ended in 12-31-02. My back was severly injured due to the accident. I hired an attorney soon after that. I'm recieving epidural injections. If that doesn't work she will be reffering me for surgery. I was scheduled for a deposition last month. My attorney is from out of town and for his convinience he made the place to meet for the deposition closer to him. Because of my back injury I can't drive for very long so I had to get someone to take me. On the way there my car broke down. I called him up and let him know that I was broke down on the side of the road and wouldn't be able to make it. He told me that it would cost me thousands of dollars if I didn't make it there because he had attorneys from all over showing up. When I told him I was sorry but there was no way I could make it he told me if I didn't show up then I could find myself another attorney. I went to court today and the judge granted his request to pull out of the case. I'm looking for another attorney now and am also wondering if there is any action I can take against my attorney for pulling out of my case and just leave me hanging when the trial was suppose to be in three months?

Any advice you could give me would be greatly appreciated.


Asked on 12/16/05, 10:21 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 12/21/05, 4:26 pm
Phillip Cooke Law offices of Phillip A. cooke

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.

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Answered on 12/21/05, 5:07 pm


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