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If a lawyer drops your case saying the other party didn't have insurance but a second lawyer finds they did can you sue the first lawyer?
Wiki User
∙ 8y ago
No. An attorney can decide not to represent somone, for whatever reason they choose. If a case is accepted on contingency and the attorney does not see it as winnable/collectable, they will drop the case. The contractual agreement will state something to that affect. If a retainer was paid, a portion may be refundable. That again, depends on the contractual agreement.
Although a lawyer can drop a case, they have a duty not to 'mess up' your case. If they 2nd lawyer picked up where the 1st one left off and you finally got to the end of the case and got your result, then Claudia is right, you have no recourse. But if by any chance, the 1st lawyer dropped your case and this somehow resulted in a loss to your case and you got less $ in the case, then yes you can sue him for the damage to your case and recover what you should have been able to recover in the original case had it not been for the 1st lawyer's actions. Stated otherwise, if the second lawyer does find insurance and effects a recovery for you of the full value of your claim, you have not sustained compensable damages due to the first lawyer choosing not to represent you. Therefore, you do not have recourse for anything against the first lawyer.
Wiki User
∙ 8y ago
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