QUESTION
Can I fire my attorney if I don't think he's representing my best interest in an auto accident?
Asked on Sep 25th, 2012 on Personal Injury - New York
More details to this question:
I don't think my lawyer is working for me. What happens if I want to seek other legal representation? I don't know what to do. This is the first time in 39 years of life I needed a lawyer, and I was lucky enough to pick the worst one! Please help!
21 ANSWERS
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes.
Answered on Jun 12th, 2013 at 1:49 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yes.
Answered on May 22nd, 2013 at 1:49 AM
You can fire your attorney at any time. Just sent him a letter and ask for him to return your file.
Answered on Oct 02nd, 2012 at 9:43 PM
You can always terminate the services of an attorney. If this is an auto accident taken on a contingency basis then the attorney will simply seek a lien either from you or any other attorney you hire for the time he or she has put into your case.
Answered on Sep 28th, 2012 at 2:55 PM
Ronald A. Steinberg
Certainly. Not even marriages last forever.
Answered on Sep 28th, 2012 at 11:39 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You have the right to terminate your attorney at any time. Once terminated, please feel free to contact my office and hopefully it will be something for which we are able to represent you.
Answered on Sep 28th, 2012 at 11:35 AM
Personal Injury Attorney serving Upland, CA
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Lee Brown & Associates
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You can terminate your lawyer, but you should try to find a new attorney first. You may have a difficult time finding a new attorney to take your case because the current attorney has a right to a lien on your case to be compensated for his efforts.
Answered on Sep 28th, 2012 at 11:28 AM
A client is free to change attorneys but keep in mind what the terms of your contract are with the attorney. I suggest you make an appointment and sit down face to face to discuss your concerns.
Answered on Sep 27th, 2012 at 10:15 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You are always free to switch. The lawyers split the fee; you don't pay extra.
Answered on Sep 27th, 2012 at 10:14 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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ABSOLUTELY! A lawyer's job is to represent his client to the best of his or her abilities, and if he or she is not doing that, you have the right to fire him or her.
Answered on Sep 27th, 2012 at 10:13 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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You can fire your lawyer any time you want to. However, you should check your fee agreement (which is required to be in writing) to see if there are any conditions pertaining to termination (such as 30 days notice). Also, the fee agreement may include a provision giving him or her a lien on your case, or requiring immediate reimbursement of fees or costs upon termination. Regardless, he or she can sue you for the reasonable value of services rendered up to this point. However, lawyers are only entitled to a reasonable fee, so if he or she has truly done a poor job, a court or arbitrator may award less than what the lawyer claims he or she is owed.
Answered on Sep 27th, 2012 at 10:13 AM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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Absolutely you can fire him but be advised that he is entitled to a lien for the reasonable fees and costs for work performed thus far. He will need to give you an itemized breakdown of his claimed fees and costs. Do not accept sub-par representation!
Answered on Sep 27th, 2012 at 10:12 AM
You're not alone, many clients don't know whom to trust when it comes to legal representation. The two most important aspects of legal representation are: Trust and Experience. You don't have to settle one to get the other. Our firm represents a lot of Clients that were formerly represented by other attorneys. They too were getting "screwed" so the fired their attorneys and retained our firm. We can't guarantee everything, but we will most certainly make sure you pay less, keep your dignity, and get your best interests represented. Remember, the attorney works for you! Fire him at any point and at any time. Some attorneys will put penalties into their contract with you so it is best to look at your agreement. That's the first thing I do before firing the old attorney and getting hired. It usually takes a letter from the new attorney to the old attorney to fire them too.
Answered on Sep 27th, 2012 at 10:12 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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I always encourage people to try and meet and work out any differences they may have with their current attorney. Sometimes the issues are more perception than reality. But if you cannot work it out, you can fire your attorney. It can be difficult to find another lawyer because attorneys often see people that fire attorneys as potentially difficult clients. If you fire your attorney, they will be able to put a lien on your case and recover a percentage from your new attorney's fees. This is another deterrent for any new lawyer you may retain.
Answered on Sep 27th, 2012 at 10:11 AM
Thomas Edward Gates
Yes, but you are likely going to have to pay for his services to date of discharge.
Answered on Sep 27th, 2012 at 10:09 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You are the boss and can send a discharge letter to your attorney. Review your fee agreement to determine what if any fee you may owe him/her.
Answered on Sep 27th, 2012 at 10:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Seek a second opinion, which you should expect to pay for. If you suspicions are confirmed then fire your lawyer, engage another, ask for a fill or partial refund and grieve the attorney with the state bar.
Answered on Sep 27th, 2012 at 10:06 AM
Lawyers are no different from plumbers or electricians or any other service. If you are unhappy with their services, you are free to go elsewhere. Most personal injury attorneys are contingent fee lawyers, which means you would not have to pay anything extra to go to another attorney.
Answered on Sep 27th, 2012 at 10:04 AM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Yes, of course you can fire your attorney. If you're not happy with your lawyer, and you don't think the relationship can be salvaged, then vote with your feet, fire the lawyer and hire a new one who will communicate with you and give you candid and clear advice. It's your case, not the lawyer's case.
Answered on Sep 27th, 2012 at 10:04 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may terminate your lawyer at any time. ask for your file. He must return it. no consequence to you unless you have misbehaved in the process. In any event you can fire your lawyer any time
Answered on Sep 27th, 2012 at 9:58 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You can fire your attorney at any time for any or no reason at all. I'm not saying you should, just that you can. Read your retainer agreement too. Good luck.
Answered on Sep 27th, 2012 at 9:58 AM