What happens if my attorney is no longer able to represent me?
If your attorney is no longer able to represent you, there are several steps that you should take to ensure that you are not left without proper legal representation.
First and foremost, you should contact the attorney to discuss what is occurring and to ascertain why he/she can no longer protect your interests. Many times a lawyer might need to withdraw from a case due to a conflict of interest or because he/she has become personally involved with the opposing side. On other occasions, a lawyer might be unable to continue due to an illness or other extenuating circumstances. It is wise to communicate with your attorney to ensure that he or she is indeed unable to continue representing you in your case.
Once your attorney is no longer on the case, you will need to quickly find a replacement. The best way to do this is to contact the bar association in your state and to seek a referral to a reputable attorney who is familiar with your type of case and who is willing to take on your case with minimal delay. You should be prepared to provide the new attorney with ample information regarding the case so he or she can quickly become up to speed with the issues involved and the arguments you intend to make.
You should also recognize that you may be responsible for any additional fees or expenses that the new attorney incurs. It is likely the former attorney will be required to pay for any additional fees, but you should discuss this matter with your new attorney prior to litigation and take measures to protect yourself from any additional costs as a result of the substitution.
Another step that you should take is to contact the court in which your case is pending and notify them of the change in representation. The court may require additional paperwork from the former attorney or possibly require new filings from the new attorney. It is important to comply with all the requirements of the court to ensure that the case continues without any unnecessary delays or adjournments.
Finally, you should be aware that even after the attorney change, the former attorney may still remain involved in certain aspects of the case. For instance, motions, pleadings, and even settlement agreements that were drafted by the former attorney may need to be signed by both the client and the attorney. In any event, the attorney who withdraws from your representation has specific obligations to you as the former client so it is important to discuss these matters with the new attorney.
In summary, if your attorney is no longer able to represent you, the first step is to communicate with him/her and seek a replacement attorney who is qualified and understands your type of legal matter. Time is of the essence and you should seek a replacement as soon as possible. Then, you should contact the court and notify it of your change in representation and provide any additional paperwork that may be required. Lastly, you must be aware of the obligations of the former attorney and discuss any matters of continuing involvement with the new representation.
