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What to do when your lawyer drops your case because he does not have time?
Wiki User
∙ 15y ago
This depends on the laws and court rules of the state the case is in and on the stage the litigation is in. Most courts allow the lawyer to drop the case prior to some point in time for any reason. In NJ the lawyer can drop out at anytime prior to the Pre-trial hearing, but notification of that has to be given to you and the court. After a pre-trial, if there is one, the lawyer has to ask permission of the court to withdraw. The reason is that changing lawyers this late in the case will only cause a delay and courts do not want this to happen. If the lawyer is allowed to simply drop the case, all you need do is hire another. The first lawyer will send the new lawyer all the information there is on the case so far. The new lawyer will determine if more time is needed to prepare for trial. If so, an application may be made for additional time, which is usually granted if there is some justifiable reason for it. If the case is at the pre-trial stage the court may allow the first lawyer to withdraw and give you a short time to find another lawyer. You better find one in that time or you might find yourself handling the case yourself. Sometimes, if it is very close to the trial date, the court will not allow the lawyer to withdraw at all and make that lawyer stay in the case, unless it it impossible or some severe injustice would be done to the lawyer or the client.
Wiki User
∙ 15y ago
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