Your Personal Injury Attorney is Arrested – What Happens to Your Case?

You have a car accident and you are injured. You hire an attorney. He sends you to a doctor or a clinic. You get treatment. You follow all the instructions and make your appointments. Your case is developing, and you are taking the proper steps as needed and directed by your attorney. You feel comfortable with the care and attentiveness you are receiving although the circumstances can be stressful. Then it happens. You see the news and your personal injury attorney was arrested. You didn’t do anything wrong or illegal. But what about your personal injury case? What should you do now?

To begin with, we are all entitled to the presumption of innocence. If your lawyer was arrested, he or she is also constitutionally protected by the presumption of innocence until a jury decides otherwise or a guilty plea is entered. But while that all sounds correct, you as a personal injury client have other concerns. Your case could have been progressing in the proper direction and now you may feel lost with even more questions than you had previously. Your case is likely the only one you have ever had, and you deserve full, fair and complete compensation. The question is whether that is possible when your personal injury lawyer was arrested?

Once the attorney is arrested, bond will likely be posted. After the lawyer is released, he or she will formally inform the Florida Bar of the arrest, the charges and the plea (usually not guilty). Assuming the criminal judge did not place any restrictions on the defendant lawyer in terms of the practice of law, the attorney can return to work pending the resolution of the criminal charges.

Even as the criminal charges are pending, the Florida Bar may step in to seek an emergency suspension of the attorney usually because there is a significant risk of ongoing harm. This often comes up where there are financial crimes, or the lawyer cannot produce complete records for all business accounts including trust accounts. Even if the criminal charges are dismissed, the matters with the Florida Bar may continue until resolved.

If the lawyer makes a plea deal or is convicted at trial, then the Florida Bar moves for disbarment with the Florida Supreme Court. The attorney can request a disciplinary resignation wherein the lawyer surrenders the license to practice law in lieu of disciplinary action and further agrees to wait for at least 5 years before reapplying to the Florida Bar.

What Should You Do?

As harsh as it sounds, you need to look out for your own best interests. Whether your personal injury attorney is innocent or guilty, you still need to put yourself in the best position to make a full recovery in your personal injury claim.

What options do you have? The first and easiest option would be if your lawyer is a member of a law firm with multiple attorneys, then you could request that your case be transferred to another lawyer in the firm. If that is not an option, then you should consider consulting with the best personal injury lawyer that you can find. You are still the client and you can fire your attorney if you believe that is in your best interests.

You can explain the circumstances to the lawyers you interview and hopefully, you will find the right personal injury lawyer to help you in your claim. If another lawyer agrees to take over your case, they will help you close out your relationship with your prior attorney with a termination letter. The new lawyer will then request your file and proceed forward with your case.

If you have any questions or concerns about your personal injury case in Miami, Fort Lauderdale or West Palm Beach, our Miami personal injury lawyers at Wolfson & Leon offer free and confidential consultations. Just call us at (305) 285-1115 and let us help you.

Client Reviews
I was rear-ended on my motorcycle by a distracted driver. I broke my leg, lost two fingers and my entire life changed. I searched Google and came upon Jonah Wolfson. His reviews were quite impressive. Within five months, my case was entirely settled. JONAH IS A BULLDOG WHO WILL REPRESENT YOU AND BE BY YOUR SIDE UNTIL THE BITTER END. HE TRULY CARES ABOUT YOU AND WILL ADVOCATE FOR YOU WITH HIS TEAM. Thank you for helping get me through this with compassion, honor and stealth. You are my hero Mr. Wolfson. God bless you! Cindy
Mr. Wolfson helped me tremendously with my car accident. He was able to represent me with care and respect while fighting hard to get my case resolved. I live a busy life and being able to go about my day and not worrying about my case was a huge relief because I knew I was in good hands. I wasn't just another client to him and that's what makes the difference. Thank you again Mr. Wolfson! Michael
All I can say is WOW! I have never met such a professional law team. They are caring and put your needs above money. I guess to describe them is fair, kind, and professional. Don't be fooled by the other attorneys who only want your money. By far the best attorneys in Florida! Marina Barber
I absolutely love this firm! It's personalized, you always have someone on the phone and you literally feel like family. They were always on top of my case and I felt supported the whole time my case was being settle. I got what I need it and what I deserved! Totally recommend them! They are the good attorneys for real! Dora
Wolfson & Leon took my case and did everything they said they were going to do followed up with me to let me know what was going on and were very professional and were able to win me a larger settlement then I anticipated. I give them five stars for excellent representation. Russ