Once you find a personal injury lawyer, you expect they will be there until there is a resolution to your case. Unfortunately, there are situations where a lawyer passes away in the middle of a lawsuit. When this happens, clients are left to wonder:
- What do I do if my current lawyer on my case dies?
- How do I get a new lawyer to represent me if I have a pending case?
The unexpected death of one’s lawyer is not a common occurrence, which is why people are generally unprepared to deal with this issue. Even if you are not in this situation, it’s helpful to plan ahead and have a sense of what will happen to your lawsuit if it turns out that the person representing you has passed away.
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My Lawyer Passed Away – What Happens to My Case?
The exact procedures on what happens to your case after a lawyer dies depend on whether they were a sole practitioner or part of a law firm / partnership. If they were part of a law firm, that firm is automatically given custody of your case file. That means you will need to make arrangements with them to release your file so that you can look for new counsel.
If you were being represented by sole practitioner, you should be notified by the executor of the attorney’s estate, who is also responsible for returning your case file. You may also be contacted by an administrator that’s appointed by the court, as opposed to an executor. Alternatively, the deceased lawyer’s practice may be sold to another firm, according to the guidelines set forth in the State Bar of California’s Rules of Professional Conduct.
Involvement by the State Bar, the court system, and local organizations may be needed if the attorney failed to make any arrangements for their clients in their event of their death. Things can get very messy for the clients at this point, who are left to figure out who they should talk to. In particular, clients find themselves unable to get a hold of their case file, which is nerve-wracking, as they can’t move forward with their lawsuit in the meantime.
Normandie Law Firm is ready to guide you through the process and represent you in a personal injury case if your lawyer is deceased or unable to represent you any longer. For a free consultation on your rights and legal options, contact us today.
Other Reasons to Obtain New Legal Counsel
Obtaining a new lawyer isn’t just a concern for those whose attorneys have died unexpectedly. There are other reasons to find new representation on a case, no matter where you are in the legal process. For example, your law firm may have gone out of business. This is happening in greater numbers since the COVID crisis in 2020, where many businesses were forced to close due to declining revenue. As a result, a law firm may sell their practice and close their doors completely.
It’s your attorney’s legal duty to inform you of the closure, as well as your options for how to move forward. This should include information on how to find a new lawyer and obtain your case file, which your new attorney will need to take over your case.
Of course, we don’t live in an ideal world, and the closure of a business can be chaotic and disorganized. Depending on the circumstances, you may have been informed last minute that your law firm is going out of business. Or, you were told that your law firm is being sold, shutting down, etc., but your lawyer is not getting back to you on what you should do to transfer your case to a new attorney.
How Do I Transfer My Case to Another Law Firm?
Regardless of why you need to find a new lawyer, you can generally rely on one of two methods:
- Ask for your case file from the current law firm and find a new attorney
- Find a new lawyer as soon as possible
The first method is sensible, in theory, as any new lawyer you find will need the information in your file to work on your case. As we mentioned before, your lawyer’s firm or an entity appointed by the court should reach out to you with instructions on how to request your file. But things may not move as fast as you’d like, due to the many complications that are involved when a lawyer passes away. You may find yourself making call after call and going around in circles while weeks, or even months pass by with no progress on your claim.
That’s why it makes more sense to find a new lawyer first, preferably one from an established law firm with decades of experience in accident injury cases. That way, your new attorney can take care of the transfer process on your behalf, which is far more effective than trying to handle things on your own.
Free Second Opinion with an Experienced Personal Injury Lawyer
We previously mentioned that there are other reasons to move your case to another law firm, aside from your lawyer dying in the middle of your case. Sometimes, incompetence or lack of dedication can force a client to look for a new legal representative. Signs that it may be time to fire your attorney include:
- Lack of communication – your lawyer is not returning your calls or emails
- Disorganization – your attorney keeps asking for information that you already gave them, or they have missed at least one important deadline
- Lack of progress – there has been no action on your case for weeks or months, and you’re afraid that your case will be dismissed due to lack of activity
- Constant disagreements – personality conflicts will arise from time to time, but disagreements over major issues, like whether to accept a settlement, may indicate that it’s time to switch your lawyer.
If you are unhappy with your current attorney for any reason, it may help to discuss the issues you are having with another legal expert. The personal injury lawyers of Normandie are here to help, with a free second opinion on your accident claim. Sometimes, changing lawyers is a necessity, due to circumstances like the death of your attorney. But it can also be a voluntary decision if your lawyer is not honoring their commitment to you and your case. That’s why we invite you to contact us for a free second opinion and learn about the options that are available to you.
Contact Normandie Law Firm
The death of an attorney presents numerous conflicts for their clients, who are still waiting for a resolution to their case. It may seem like there’s nothing you can do beyond calling your lawyer’s firm or the State Bar and hoping they’ll provide clear answers on how you can move forward. Unfortunately, many clients have problems obtaining their case file, which keeps them from finding a new lawyer and settling their claim once and for all.
This is where we can be of help, with our many years of experience in accident injury lawsuits. Many of our clients have come to us from other law firms, so you can count on us to request your case file, notify the court, and take care of any other actions associated with the transfer process. We will do all of this at no cost to you, as we are a contingency-based law firm. All legal fees are deferred until you receive payment from a successful injury claim. And if we don’t recover your payment, we eat the costs and you pay nothing under our Zero Fee Guarantee policy.
Contact our office as soon as possible for a free case review with one of our attorneys.
