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My lawyer won't take my case or call me back. What now, and can I switch lawyers in NJ?

By Sandra H. Brown, Injuries Cases Autos research. Updated

A lawyer saying no usually points to something you can check: where the crash happened, a missed deadline, missing insurance or fault. If your own lawyer goes quiet, New Jersey's rules say they must keep you reasonably informed, and you can switch lawyers at any time.

Turned down by one lawyer, or stuck with one who never calls? A 30-second questionnaire checks whether a lawyer's office may review your New Jersey claim for free.

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Why would a lawyer not take my case?

Most often because of where or when it happened, not how badly you were hurt. Here is why 76 signed car cases were later handed back by the lawyer's office, and what each reason means for you.

See the full table
Why a New Jersey lawyer's office handed back 76 signed car cases, 2023 to 2026, and what you can check1
ReasonCasesWhat you can check
Crash happened in another state25Find a lawyer licensed where it happened; that state's deadline applies
Already had a lawyer14End the first one in writing before a new one can step in
Stopped answering or changed their mind13Answer the follow-up calls, or say no clearly
Already settled4A signed release usually ends the claim
Found at fault, often a left turn4Read the crash report; partial fault does not bar you
No injury, or would not see a doctor4Get checked; no medical record means no injury claim
No insurance on any side3Check your own UM and the state fund

In written turn-down replies to callers, the two-year deadline came up 15 times out of 28. If you were partly at fault, you can still recover as long as your share is not bigger than the other driver's.2

My lawyer said there's no point because the other driver has no money. Is that true?

Sometimes, but check your own side first. A lawyer reviewing these files asked three things first: what treatment so far, is there UM anywhere in the household, and was the other car caught or insured.

What he may not have known: "no coverage" can mean several things. UM (uninsured motorist cover) on a policy held by someone you live with may apply, depending on that policy. When nobody in the home has car insurance, the state fund (UCJF) may help if it gets notice within 180 days.

What to do: ask the lawyer, in writing, which policies were checked: yours, your household's and the state fund.3

Most callers could not answer the UM question: 42 percent did not know if they had it. Look on the page of your policy that lists your coverages, or ask your insurer by email.4

Is it normal to not hear from your lawyer for a month?

It is common, but you are entitled to answers. A New Jersey lawyer must keep you reasonably informed and promptly answer reasonable requests for information.

In a crash survivor group we follow, 5 of 387 posts we read were about a lawyer going silent, in one member's words "radio silence". In all, 28 of 387 raised some problem with their own lawyer. If that is you, send one short email:

  1. What has happened on my case since we last spoke?
  2. What is the next step, and roughly when?
  3. Who at your office do I call, and how?

Whether to settle is your decision, not your lawyer's. A New Jersey lawyer must also tell you how, when and where you can reach them.5

I asked a lawyer's office to call me. Why didn't anyone reach me?

Often they tried and you missed it. Of people who asked for a call back about a New Jersey crash, 1 in 3 never picked up.

If you asked for a call, answer unknown numbers for a few days. A lawyer may not contact you first about your crash if you never asked, except by a mailed letter marked as an advertisement, so a call you did not ask for is a warning sign.6

Can I switch lawyers, or do I have to pay both?

You can switch at any time, and a fee shared between the old and new firm must stay reasonable in total. Once you fire your lawyer, New Jersey's rules say they must step away.

They must also protect you on the way out: give reasonable notice, leave time to hire someone else, and hand over the papers you are entitled to. A New Jersey lawyer may not keep your file under a so-called retaining lien to force payment.7

On money: when two firms share a fee, you must be told, you must agree to every lawyer involved, and the total fee must be reasonable. The usual injury cap is one third of the first $750,000.8

Ask the new lawyer, in writing, whether the old lawyer's share comes out of their fee or on top of it. The fee table is on our page on lawyer fees and when you need a lawyer.

What she did not know: new firms often wait. In our data, 14 of 76 signed car cases were handed back because the person already had a lawyer. You can ask for your file before you decide.

What to do: ask the new lawyer what they need to decide, end the old relationship in writing, and request your file the same day.

How do I fire my lawyer without hurting my case?

Do it in writing and in this order, so no deadline slips in between.

  1. Check your dates: two years to sue, 90 days if a public body is involved.
  2. Talk to the new lawyer and ask what they need to decide.
  3. Send the old lawyer a short letter or email ending the relationship.
  4. Ask for your complete file in the same message.
  5. If a lawsuit is already filed, the switch may need notice to the court or its permission, so let the new lawyer handle it.9

Already have an offer and wondering if a second lawyer can do better? Read our questions to ask before accepting a settlement offer first.

Hurt on a bus or getting out of a car? Start with our NJ Transit bus and fall guide or the New Jersey car accident help page.

Questions people ask

Why do attorneys turn down cases?

In our data, mostly for where or when the crash happened. A third of handed-back car cases were out of state, and the two-year deadline was the top reason in written turn-downs.

What happens if you change lawyers in the middle of a case?

The old lawyer steps away and hands over your papers, and the new one takes over. The fee is usually shared, and you must be told how.

What to do if an attorney is not responding?

Send one short email with the three questions above, keep a copy, and ask for a reply by a set date. If nothing comes back, you can switch.

How do you know you have a bad lawyer?

Weeks without answers to written questions, a settlement you did not agree to, or no clear next step are warning signs.

What if no lawyer will take my case?

Ask each one for the reason in writing. If it is the state, find a lawyer there; if it is the deadline, ask which one. Our study of what happens to NJ crash victims who wait shows how timing changes the answer.

Not sure your New Jersey crash claim fits? Answer a few short questions, about 30 seconds, to see if a lawyer's office may review it for free.

Start the New Jersey accident quiz

Advertisement. Opens the New Jersey questionnaire. Review its policies and contact consent before submitting your details. No legal advice or guarantee of acceptance or compensation.

Sources

  1. Injuries Cases Autos analysis of 138 signed cases a lawyer's office handed back, 2023 to 2026 (76 car cases; 9 others had other reasons).
  2. Injuries Cases Autos analysis of 584 NJ intake conversations and the replies to them, 2023 to 2026; N.J.S.A. 2A:15-5.1 (Justia, 2025 edition).
  3. N.J.S.A. 17:28-1.1 and 39:6-65 (Justia, 2025 edition).
  4. Injuries Cases Autos analysis of 584 NJ intake conversations, 2023 to 2026 (113 answered the UM question).
  5. NJ Rules of Professional Conduct 1.2(a), 1.4(a) and 1.4(b), njcourts.gov RPC text (archived copy, read 2026-11-12); survivor group posts coded by Injuries Cases Autos, paraphrased.
  6. Injuries Cases Autos analysis of 5,252 NJ inquiries, 2023 to 2026; RPC 7.3(b)(5), njcourts.gov RPC text (archived copy).
  7. RPC 1.16(a)(3) and 1.16(d), njcourts.gov RPC text (archived copy, read 2026-11-12).
  8. RPC 1.5(e), njcourts.gov RPC text (archived copy); NJ Court Rule 1:21-7(c), Rule 1:21 PDF.
  9. RPC 1.16(c) and (d), njcourts.gov RPC text (archived copy); N.J.S.A. 2A:14-2 and 59:8-8 (Justia, 2025 edition).
How we counted
  • Returned cases: 138 signed cases a New Jersey lawyer's office later handed back, 2023 to 2026 (76 car crashes), one main reason each. They show why cases fail, not a typical client.
  • Intake conversations: 584 New Jersey records, 2023 to 2026, with 28 written turn-down replies; "already had a lawyer" counted among 520 who answered.
  • Call backs: 5,252 New Jersey car-accident requests for help, May 2023 to November 2026.
  • Survivor group: 387 posts from a private crash-survivor group, read and coded in November 2026, mostly outside New Jersey, paraphrased only.
  • Counts only, no names. This page is general information, not legal advice.