Some personal injury car accident cases sound very good until you find out that the clients has not properly represented what happened in the crash or the medical records simply do not bear out a viable lawsuit.
In these cases, it is important to call the client and have an honest conversation about why you are unable to take the case. This is definitely a “you owe it to them to be completely honest” situation. After the call, send out letter — preferably certified – summarizing the conversation. We call this around the office a “breakup letter” because it the final act of the attorney client relationship with that client.
Sample Letter Terminating Attorney-Client Agreement
October 20, 2015
Carolyn Brown
425 Bathurst Road
Catonsville, MD 21108
Dear Carolyn
It was a pleasure to speak with you yesterday. I am writing to summarize our conversation yesterday.
I have been able to review the medical chart you have provided to us as well as those records we have obtained from your various health care providers. Based upon that review, I regret to inform you that the firm has made the difficult decision to terminate its representation of you in your claim for injuries and damages resulting from the April 19, 2015 auto accident.
Our review of your case indicates that it will be very difficult to prove that the April 19, 2015 rear-end collision caused any more than a temporary exacerbation of your pre-existing medical conditions. By mid-July of 2015, your doctors at Johns Hopkins were reporting that your neck and arm complaints were “at baseline prior to the MVA two months ago.” There is no indication that the auto accident caused any change in your neck fusion from 2008. Other physical complaints you are experiencing can be attributed to your long standing diagnosis of fibromyalgia.
This facts, coupled with the realities that your vehicle sustained only cosmetic damage costing less than $300.00 to repair and that your lawsuit would almost certainly have to be brought in a very conservative venue (Baltimore County), have led us to the conclusion that it is not in your interest or ours for us to pursue a claim for you.
This does not mean that you have no case; another attorney may view the facts differently and may be willing to take on your case and may be able to bring it to a successful resolution. However, if you do intent to pursue your case, please make immediate arrangements with new counsel to do so.
The applicable statute of limitations for cases such as yours is three years from the date of loss. Within three years of April 19, 2015, you must have either settled your case or have filed suit against the appropriate defendants.
Enclosed is a CD containing all of your medical records that we have in our possession. We have spent over $500 collecting these records but they are yours and we do not wish to be compensated for these efforts. Also enclosed are copies of letters which we have written to other entities involved in the case advising them that we are no longer representing you. Please let me know if you need any further information from us in order for you to move forward with whatever course of action you elect to take regarding your case.
I am sorry that our firm is unable to assist you with this matter, but it was a pleasure to meet you and I thank you for allowing us the opportunity to represent you. If you have any questions about your claim or you would like some advice on seeking a new lawyer, please let me know.
Sincerely,
Ronald V. Miller, Jr.
More Resources
- More sample letters to clients
- What brings value to a personal injury case