Can Your Attorney Fire You as a Client? What You Need to Know

When the Attorney-Client Relationship Breaks Down

Most people assume they’re the only ones who can end a relationship with their lawyer. But in some cases, it’s the attorney who walks away. This surprises a lot of clients. It can feel jarring, even insulting. You might wonder if your case is in danger or if you’ve done something wrong.

Lawyers don’t take this decision lightly. But they’re allowed to withdraw from representing a client when certain conditions are met. If you’ve received a letter or phone call saying your lawyer is stepping away, you need to understand what that means for you. The good news? Your case isn’t over. But you do need to take the next steps quickly and smartly.

Yes, Lawyers Can End Representation, But Only Under Certain Rules

In New York, an attorney has the right to withdraw from a case, but it’s not a free-for-all. The New York Rules of Professional Conduct set out specific reasons when and how a lawyer can end the attorney-client relationship. These rules apply across the state.

Rule 1.16 lays out when a lawyer must or may withdraw. Mandatory withdrawal happens when continuing would break the law or cause an ethical violation. Permissive withdrawal is more common and applies when circumstances make continued representation too difficult or unproductive.

But here’s the key: if the case has already been filed in court the lawyer usually can’t just quit without getting the court’s approval. Judges don’t allow lawyers to abandon clients without ensuring that the case can still proceed fairly. For additional context, the New York State Unified Court System outlines withdrawal procedures.

Why an Attorney Might Drop a Personal Injury Client

While most lawyers work hard to maintain client relationships, some situations force their hand. Personal injury cases involve a high level of trust, and when that trust breaks down, the attorney may feel that continuing no longer helps either party.

Some common reasons include:

• Repeated missed phone calls or failure to respond to important messages
• Clients ignoring legal advice or pushing for risky actions
• Dishonesty about accident details, injuries, or medical history
• Creating conflicts of interest, like discussing the case with outside parties
• General breakdown in trust, tone, or cooperation

Let’s say a client tells their lawyer they’ve been attending physical therapy. But the insurance adjuster finds out they never went. That lack of honesty could seriously damage the claim and the attorney’s ability to represent the case in good faith.

Or maybe someone in Brighton refuses a reasonable settlement against legal advice, insisting on unrealistic outcomes. If the relationship turns combative, the lawyer may decide it’s time to step back.

What the Lawyer Must Do to Withdraw Properly

Attorneys can’t just vanish. The law requires them to follow a clear process. They have obligations to you, even when the relationship is ending.

Here’s what must happen:

• The lawyer must give you written notice
• They must avoid harming your legal position as they exit
• If the case is active in court, they need the judge’s approval to withdraw
• They must return your case file and cooperate with your new attorney

Sometimes, the court requires a substitution of counsel, your new lawyer signs on before the old one signs off. This keeps your case moving and avoids missed deadlines. You can learn more about ethical duties during this process from the New York State Bar Association.

If your case hasn’t been filed yet, the process is simpler. Your lawyer can usually step away without court involvement, but they still have to return all documents and protect any confidential information you shared.

What Happens to Your Case if You Get Dropped

Getting dropped by a lawyer can feel unsettling. But it doesn’t mean your case is doomed. In fact, many people go on to find stronger representation and ultimately receive fair compensation.

Here’s what usually happens next:

• You’ll receive a formal notice or disengagement letter from the attorney
• Your case file should be transferred to you or your new lawyer upon request
• Any upcoming deadlines (such as court hearings or response dates) will still apply
• If the lawyer did significant work, they may file an attorney’s lien on any future settlement

It’s important to act quickly. Courts generally allow a brief delay to let clients get new counsel, but they won’t pause the case forever.

If you already had a case on file and it’s coming up for a hearing or mediation, don’t wait to contact another law firm. If you have no new attorney lined up, the judge may still require you to appear, which can feel overwhelming without guidance.

The earlier you bring in a new lawyer, the easier it is to recover momentum and avoid disruptions.

How to Prevent Attorney-Client Breakdowns Before They Start

No one starts a case expecting it to fall apart. But clear communication can prevent many of the issues that cause attorneys to withdraw in the first place. You don’t have to be a legal expert, you just have to stay engaged.

A few good habits can make a big difference:

• Return phone calls and emails from your lawyer within a day or two
• Be completely honest about your injuries, prior accidents, or financial expectations
• Follow through on medical treatment or referrals your attorney suggests
• Ask questions when you’re confused, rather than guessing or assuming
• Tell your lawyer if you’re worried about the case or the process

Most lawyers would rather resolve an issue than walk away. If something feels off, bring it up. 

What to Ask When Hiring Your Next Lawyer

If you’ve been dropped—or even just thinking about changing attorneys—your next choice matters. The right fit can help you rebuild trust, avoid delays, and strengthen your case going forward.

Here are smart questions to ask when interviewing a new personal injury attorney:

• “How do you communicate with clients and how often?”
• “What’s your process for taking over a case someone else started?”
• “Have you worked with clients from Rochester or Monroe County courts?”
• “What do you expect from me as a client?”

Don’t be afraid to mention what went wrong before. A good attorney will respect your honesty and work to avoid repeating those issues. They’ll also explain how your case stands now, what’s salvageable, and what steps come next.

Make sure they’re familiar with local court procedures, deadlines, and settlement trends. That local knowledge can smooth out the transition and protect your case from avoidable setbacks.

Final Takeaway

Yes, a lawyer can end the relationship. But they can’t leave you stranded. If you’ve been let go as a client, it’s natural to feel frustrated or even embarrassed. Don’t be. 

The law in New York gives attorneys that right, and it also gives you the tools to recover, regroup, and move forward. Judges know how to handle these transitions, and many injury victims come out stronger after hiring a better fit.

Stay focused. Find the support you need. And don’t give up on the compensation your case may deserve. 

Call Horn Wright, LLP, for Support

At Horn Wright, LLP, we help clients move forward, even after a prior attorney relationship ends. If your lawyer dropped your case or you’re worried it might happen, contact us today to schedule your free consultation. We’ll review your situation and explain how to protect your rights without missing a step.