The Shoulder
The Shoulder
53
Legal questionsbright-lynx-858

Old lawyer dropped my case AND put a lien on it — now nobody will touch it. What do I do?

I'm honestly at my wit's end and could use some perspective from people who've been through the wringer with this stuff.

Background: I got rear-ended pretty badly on the highway about eight months ago — a commercial box truck hit me while I was stopped in traffic. I ended up with two herniated discs in my lower back and a separated shoulder, all confirmed by imaging. Not minor stuff.

I hired a PI firm pretty quickly after the accident. They worked my case for almost five months, then out of nowhere sent me a letter saying they were withdrawing. No real explanation. Just that they felt the case "wasn't a good fit going forward." Okay, fine, frustrating — but whatever.

Here's the part that's killing me: they slapped a lien on any future recovery before walking out the door. I've called them four times asking for an itemized breakdown of what that lien actually covers — like, is it fees? Out-of-pocket costs they fronted? Both? I get nothing back. A voicemail once. That's it.

Now I'm trying to find new representation and it's like I have the plague. I've talked to probably six different attorneys. The moment I mention the lien, the conversation gets very short very fast. Two of them were actually interested until that point.

I don't understand how a firm can drop ME, refuse to explain what they're claiming, AND make it nearly impossible for me to move on. It feels completely backwards.

Has anyone actually gotten through this? Is there a way to compel the old firm to produce documentation? Are there attorneys who specifically handle cases that come with this kind of baggage? Any help is appreciated — I'm running out of time and patience.

14replies

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14 replies

  • 22
    clever-lynx-745

    Just so you know, in most states an attorney has an ethical obligation to provide you with a copy of your file AND a breakdown of any claimed lien when they withdraw. It's not optional. If they're stonewalling you, you can file a grievance with your state bar's attorney discipline board — not to punish them necessarily, but honestly just the threat of doing so tends to shake loose paperwork real fast. Also, your file belongs to YOU. They have to give it back. That file is what new attorneys need to even evaluate taking over.

    • 2
      careful-passenger962

      Thanks for sharing. Hope things are getting a little easier for you.

  • 20
    calm-marmot-583

    Oh man, I lived almost this exact nightmare. My first firm withdrew about six months in and left a lien too. What finally worked for me was sending a formal written request — certified mail, return receipt — demanding an itemized accounting of the lien. Something about putting it in writing made them actually respond within a couple weeks. They can't just wave a number at you with zero explanation. Document everything.

    • 2
      careful-dreamer470

      Going through something similar right now. Did following up actually move the needle for you?

  • 19
    plain-beaver-740

    I just want to ask — are you still getting treatment for your back and shoulder? I've seen patients let their care slide while they're dealing with legal stress, and that actually hurts both your recovery AND your case. Gaps in treatment get used against you. Keep seeing your doctors, keep following through on any PT or specialist referrals, and make sure everything is documented. Your health comes first, and honestly consistent medical records are also your strongest asset right now.

    • 3
      plainspoken-road-soul545

      Took me three tries but they finally budged. Don't give up.

  • 18
    brave-wren-762

    I used to work on the carrier side and I'll tell you something — a represented claimant who suddenly goes unrepresented is someone we were trained to move on quickly. Adjusters know you're vulnerable in that gap between attorneys. They may reach out with a settlement offer that sounds decent but is a fraction of what your case is worth, especially with documented disc injuries and a commercial defendant involved. Don't sign anything, don't accept anything, and don't let them frame this as them "doing you a favor" by settling fast.

  • 17
    patient-newt-345

    This sounds so stressful on top of already dealing with injuries. I'm sorry you're going through this. I don't know much about the legal side but I just want to say — don't give up. The right attorney is out there, it just might take more calls than it should. You have documented injuries and a clear-cut liability situation (rear-ended while stopped?!), that's not a weak case.

  • 13
    tidy-swan-831

    I don't want to be harsh but I'm curious — do you have any idea WHY the first firm dropped you? Because that's actually information new attorneys are going to want to know too. Was there a liability dispute? A coverage issue? Something in your medical history? Not saying any of that is your fault, but understanding the real reason they withdrew might help you figure out how to address it with the next firm upfront instead of letting the lien be the only thing they focus on.

  • 11
    quick-wolf-796

    Not legal advice, but: the "lien fear" you're describing from new firms is real but not universal. The issue is that many firms don't want to negotiate with a prior firm over lien reduction at the end of a case — it's a headache they'd rather avoid. Look specifically for attorneys who advertise that they handle "lien resolution" or who have experience with commercial vehicle cases (the box truck angle may actually make your case more attractive to the right firm since there's likely more insurance coverage involved). Some attorneys will take cases like yours specifically because the underlying liability picture is strong. The lien is a negotiation problem at settlement, not necessarily a case-killer.

  • 11
    kind-heron-640

    Send the old firm a certified letter today demanding your full file and an itemized lien breakdown within 14 days. State that you're prepared to contact the state bar if they don't respond. Then start calling attorneys who specifically handle commercial truck accidents — they tend to be more aggressive and more experienced with messy case histories. Stop calling general PI firms; they're the ones getting cold feet. Truck accident specialists deal with complicated situations all the time.

    • 6
      quiet-optimist851

      Solid advice. Getting it in writing is the part most people skip.

  • 8
    careful-elk-749

    While you're sorting out the lawyer situation, please don't talk to the truck company's insurance adjuster on your own. I made that mistake when I was between attorneys and I gave a recorded statement that hurt me. They sound super friendly and helpful — they're not.

    • 1
      curious-parent249

      Same boat here. Did anyone mention a deadline to watch out for?