QUESTION
If I have contacted an attorney for legal assistance in a liabilty case and he has done little to nothing to help, can I fire him without consequence?
Asked on Jan 22nd, 2013 on Personal Injury - Indiana
More details to this question:
I asked an attorney for help with a simple liabilty claim. I provided all documentation he asked for. After 3 to 4 weeks later, I began an email correspondence with someone sharing his last name. She began asking me the same documentation I had already provided. I tried to write the attorney I originally contacted and he never returned my calls. I continued to write his associate who I later learned was his wife, not an attorney, not a legal aide, but someone I was told by staff at this firm helped with liability claims. A third instance arouse that I was asked to provide the documentation I provided on 2 earlier occasions. I contacted this attorney 5 months ago, and little if nothing has been done to help with my case. I simply would like to sever my relationship with him and file in small claims court. Can I do this without consequesnces like the attorney possibly sueing me if I am awarded damages?
2 ANSWERS
Any client has a right to sever their relationship with a Lawyer. If you signed a fee agreement it may adress the issue of what if any rights the Attorney you signed with may have. Depending on what state the agreement was entered can also impact what rights the attorney may have.
It is essential that you be confortable and satisfied with the attorney you hire. If not should find someone who meets your needs and expectations.
Answered on Jan 23rd, 2013 at 1:30 PM
Personal Injury Attorney serving South Pasadena, FL
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My answer is based upon Florida Law, but most likely is applicable in any state. A lawyer does not own your legal case simply because you signed a retainer contract with that lawyer. You may fire your lawyer any time you like, and hire any other lawyer you choose. The lawyer may have a lien against your case for fees and costs depending on whether a suit was filed, costs were incurred, or an offer was made, and how many hours the lawyer spent working on your case. From your inquiry it does not sound like the lawyer did very much work on your case, in particular did not return your calls. You should send your lawyer a certified letter informing him or her that you no longer wish to be represented, and that the lawyer should not take any further action on your case. You should also request a complete copy of your file from the lawyer. Keep in mind that the lawyer has a right to charge a reasonable charge for copies of your file.
Answered on Jan 22nd, 2013 at 12:02 PM