The client has the right to fire their lawyer at any time.
You are in charge of your case. Your lawyer works for you and should follow your directions when there is a disagreement about what to do in your case. If you do not like the way that your lawyer is handling or not handling something, it is within your rights to fire him or her.
You have the right to fire your lawyer. This can be done by either written or verbal communication from you (the client) to the attorney. A letter terminating representation is always a good idea because if something goes wrong with that communication, you will have proof that you terminated the relationship and when it was terminated.
You also have the right to hire a new lawyer at any time during the representation period (this is known as substitution of counsel). The prior attorney should help facilitate this process and make sure all files are handed over to the new attorney. You don’t need a reason for firing an attorney. While reasons may be helpful, they are not required and they are not binding unless they were part of an agreement between you and your attorney. You can change your mind at any point during this process, even after firing your current personal injury attorney.
A written termination agreement should be presented to the attorney by the client.
A written termination agreement should be presented to the attorney by the client. The termination agreement should state that it is a complete, final, and binding agreement between the client and the attorney, releasing both from any past or future liability for services provided up to the date of termination. This document protects both parties should there be a claim in the future. A copy of this document should be sent to the malpractice insurance company insuring your lawyer. Make sure you keep a copy as well, just in case they refuse coverage based on your firing of their insured without cause.
The other thing you’ll have to do at some point is to pick out a new lawyer if you’re not going to handle your lawsuit without an attorney.
A client may choose to fire an attorney for a wide variety of reasons, including:
There are many reasons why a client may choose to fire their personal injury lawyer and retain new counsel. Some of these are:
- The lawyer was dishonest or did not do the work requested
- The lawyer did not return phone calls or answer emails
- The lawyer did not explain legal matters in a way you could understand
- The lawyer did not seem to care about you or your case
A lawyer must still complete certain tasks after being fired. They must turn over all files and property that belong to the client, and they must give the client a final bill.
Once you have decided to fire your attorney, you must communicate this decision by writing a letter. You should send copies of the letter by certified mail with a return receipt requested and regular mail. That way, you will have proof that the lawyer received it. The best method for sending the letter is via certified mail with a return receipt request and regular mail to be absolutely sure the lawyer receives it.
Be sure to keep a copy of the letter for your own records as well. Even if you fired your attorney in person, you should still write a formal letter documenting the meeting and providing notice of termination.
In addition to returning original documents, your personal injury attorney must also return unearned fees paid in advance (minus earned fees) or an accounting that explains how they were used and why they were not returned when they are not required to do so under local rules and ethics opinions; however, he is entitled to retain payment for work performed on behalf of his client through their last contact date (that is, “earned” fees).
If a lawyer is dismissed in a rude or unprofessional manner, they might refuse to work with you any further
If you are unhappy with your attorney, and you feel the need to fire him or her, it is important that you act in a professional manner. If a lawyer is dismissed in a rude or unprofessional manner, they might refuse to work with you any further. Even if they do not want to work with you anymore, they are still under a duty to act in your best interests. This means that they might have some tasks which must be completed before leaving the representation.
You can get rid of your personal injury attorney if there is no longer an attorney-client relationship.
You can get rid of your personal injury attorney if there is no longer an attorney-client relationship. You are not obligated to keep your attorney. You can fire your attorney at any time.
As a recap here are some reasons you may want to fire your attorney:
- They are taking too long to settle the case.
- Your lawyer will not return phone calls or emails in a timely fashion.
- Your lawyer is not being truthful with you about the status of your case.
- You and your lawyer have personality conflicts and cannot effectively work together.