What Reason Would a Missouri Lawyer Have to Withdraw From a Case?

When a personal injury attorney accepts a case, they intend to complete a claim and achieve the best possible outcome. Even so, circumstances often change, forcing an attorney to withdraw representation.

An attorney can discover surprises that did not occur during the screening process. An attorney may also encounter a problematic life event, making it challenging to continue representing a client.

Irrespective of the circumstance, an attorney must check the rules of professional conduct before withdrawing their services. Gary Burger, the head of Burger Law, shares his opinion on this: “First of all, I don’t take a case if I can’t add value to it but I might refer them to another lawyer who might have another opinion or I might tell them they should just settle the case on their own and put more money in their pocket.”

Consider hiring a trusted St. Louis personal injury attorney guided by professional guidelines.

“First of all, I don’t take a case if I can’t add value to it but I might refer them to another lawyer who might have another opinion or I might tell them they should just settle the case on their own and put more money in their pocket.”

“If a situation arises where information arises that causes me not to feel comfortable about representing a client, then I typically withdraw from the case. It’s not my job to go tell the defense lawyer why I’m doing it. I just withdraw because I owe the duty to my client.”

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Gary Burger

Litigation Attorney

Reasons Why a Missouri Lawyer Has to Withdraw From a Case

There are several reasons why an attorney may withdraw from a particular lawyer-client relationship. Whether the withdrawal is voluntary or mandatory, a lawyer must comply with procedural and ethical rules related to any withdrawal attempts.

The applicable law requires a notice to a tribunal or express permission from a tribunal to terminate representation. Even so, a lawyer may be exempted from the rules if they’ve filed a notice of termination by limited appearance.

Here are a few legitimate reasons:

Conflict of Interest

An attorney may notice that representing you presents a potential conflict of interest—the professional code of conduct bars lawyers from representing companies or individuals who are adversaries.

An attorney may also withdraw from the case if a conflict of interest arises during the case.

Engaging in Criminal Activities

An attorney can withdraw their services if a client engages in a course of action that the lawyer believes is fraudulent or criminal. A personal injury attorney cannot turn a blind eye as you continue engaging in illegal activities since ethical and legal guidelines bind them.

You Failed to Fulfill Obligations

An attorney can withdraw from a case if a client fails to honor an obligation to a lawyer regarding legal services. However, the withdrawal becomes effective if the lawyer has issued a substantive warning to withdraw unless the obligation is fulfilled.

For instance, an attorney can stop representation if the client doesn’t pay for rendered services.

An attorney may also withdraw from the case if representation may result in an unreasonable financial burden or when rendered extremely difficult by the client.

Failure to Communicate

Active communication is vital for a smooth client-attorney working relationship. The attorney constantly contacts the client to obtain evidence, provide feedback, or request consent for specific stages in a lawsuit.

If an attorney cannot reach you despite their attempts, the law allows them to withdraw from the case. Gary also shares: “If a situation arises where information arises that causes me not to feel comfortable about representing a client, then I typically withdraw from the case. It’s not my job to go tell the defense lawyer why I’m doing it. I just withdraw because I owe the duty to my client.”

Choose a Personal Injury Attorney You Can Trust

If your attorney has dropped your case, you may wonder whether you’ll obtain compensation for losses.

Our team of lawyers at Burger Law Injury Trial Attorneys have over 70 years of combined legal experience with a track record of winning cases that seemed difficult or unwinnable by other firms.

If you have a valid case, we will represent you, mobilize resources, and fight aggressively to obtain a fair settlement for your losses.