You are free to discharge your attorney for any reason you want. If a lawsuit is on file, the attorney would have to ask the Judge to be permitted to withdraw from your case. Judges in civil and workers' compensation cases routinely grant this request especially if it is because you want to discharge your attorney. If no lawsuit is on file, as soon as you notify your attorney that you are discharging him, he no longer is your attorney. If you are going to discharge your attorney, I would do so in writing so both of you would have written documentation of this. Your attorney may be entitled to be reimbursed for his costs and expenses as well as a "fee" for the time spent working on your case. This is partially controlled by law as well as the fee/ retainer agreement you signed when you hired him. The law says your attorney would be entitled to reimbursement and money for these items, which would be paid upon the resolution of your case. However, the fee agreement can override the law and your attorney may not be entitled to anything if that is what the fee agreement says. I cannot comment on the merits of your claim or "who you should trust" as you do not provide any information about your case. Before you discharge your attorney you may want to review the fee agreement to determine what, if anything, your attorney would get if you discharge him. In addition, without necessarily saying you are considering discharging him, you may want to sit down with him and ask for a detailed explanation as to why his opinion has changed. Was it because your doctor changed his position? Did he see something in your medical records that he did not see the first time. Your attorney may have a good explanation as to why his opinion changed that you are not aware of. You also should discuss what your case might be worth, if anything, based on his "changed opinion."
Answered on Aug 17th, 2012 at 4:54 PM