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Choosing a lawyer is one of the most important decisions you’ll make in your case.
But what happens if you realize, mid-case, that your current attorney isn’t the right fit?
At Craig Swapp & Associates, our attorneys often speak with clients who have lost confidence in their previous legal counsel. Knowing when and how to fire your attorney is crucial, especially when your recovery and financial future are on the line.
If you’re considering firing your lawyer, you must know the following:
No. As the client, you have the right to fire your lawyer at nearly any point in your case, whether before a lawsuit is filed, during negotiations, or even while your case is in litigation.
Under Rule 1.2: Scope of Representation & Allocation of Authority Between Client & Lawyer, the client controls the attorney-client relationship. If you have lost trust in your attorney, you have the power to make a change, even if your case is well underway.
Timing is especially important in every case. For instance, firing your personal injury attorney right before a key court hearing or trial can cause delays or complications, and a judge may not allow a last-minute substitution without good reason.
If you’re contemplating how to fire your attorney, consider acting as soon as concerns arise, rather than waiting until a crisis point. The earlier you act, the smoother your transition to a new injury lawyer will be.
Firing your lawyer is a serious step. Before you take action, it’s wise to know what constitutes a valid reason to seek new representation.
Here are common scenarios in which firing your attorney may be justified, especially in the context of personal injury:
Communication is at the heart of every attorney-client relationship. If your lawyer regularly fails to answer calls or emails, doesn’t keep you updated about your case, or leaves you confused about the next steps, this is a significant red flag.
For personal injury clients, waiting in the dark while medical bills pile up or settlement negotiations stall can be both stressful and costly.
For example, you were injured in a car accident, hired an injury lawyer, but now weeks go by without any updates. You’re unsure if your claim has even been filed. If you repeatedly request information and receive no meaningful response, it may be time to consider firing your lawyer.
Civil cases, like personal injury, involve strict legal deadlines, whether it’s the statute of limitations, filing a lawsuit, or responding to motions. If your attorney misses deadlines or seems disorganized, it can seriously jeopardize your case.
For example, your injury lawyer misses the deadline to file your lawsuit, and you learn that your right to compensation could be lost. This is not just a minor oversight; it’s a potentially case-ending error and a clear signal that you should fire your attorney.
You are entitled to a lawyer who follows ethical rules and acts in your best interest. If your attorney lies, acts unethically, has conflicts of interest, or mishandles your settlement funds, you have strong grounds for firing your lawyer. Settlements are substantial, and mishandling funds or providing misleading information about your recovery is never acceptable.
If your attorney appears unprepared, lacks knowledge about the law in your state, or seems overwhelmed by the opposing party’s strategies, your claim may suffer. If your lawyer gives you incorrect information about laws or fails to gather critical medical evidence, you may want to consider new counsel.
Trust is essential. If the relationship has broken down – whether due to repeated misunderstandings, disrespect, or persistent disagreements over strategy – it may not be possible to continue productively. Remember, your injury lawyer should be your advocate, not a source of additional stress.
Once you’ve decided that firing your lawyer is necessary, it’s important to handle the process professionally and according to the law.
Here’s how to fire your attorney the right way:
Start by reviewing the agreement you signed when you hired your lawyer. It may outline the process for ending the relationship and any notice requirements. Some agreements specify how your case file will be transferred.
Ideally, line up your new attorney before firing your current one, especially in an active case. This ensures there’s no gap in legal coverage and important deadlines are not missed.
When you hire a new attorney, they can often handle the transition, notify the court, and request your file from your previous lawyer.
Draft a formal letter stating that you are terminating the attorney-client relationship, effective immediately. Keep it professional and on point.
You are not required to detail all your grievances, but you may include a brief factual reason (such as a lack of communication). Clearly instruct your former lawyer to stop all work on your case.
You have the right to obtain your entire case file. This includes medical records, correspondence, pleadings, and any evidence gathered. Your former injury lawyer is ethically required to provide these materials, often within a specific timeframe set by state law.
If your case is already in litigation, your lawyer (or your new lawyer) will usually file a “substitution of counsel” with the court. This formalizes the change and notifies the opposing party.
In some cases, especially if you do not have a new attorney right away, your old lawyer may need the court’s permission to withdraw.
Before the transition is complete, resolve any billing matters. Review your final statement carefully and address any disputes through your state bar’s fee arbitration process if necessary.
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Whether or not you owe fees after firing your lawyer depends on your fee agreement and the circumstances of the termination.
If your attorney worked on an hourly basis, you are generally required to pay for services rendered up to the termination date. Any unused retainer funds should be returned to you.
Most personal injury cases are handled on a contingency fee basis – you only pay your lawyer if they win your case.
If you fire your injury lawyer before a settlement or verdict, the original lawyer may have a right to claim a portion of the fee for work performed. This is often settled between your old and new attorneys and paid out of the eventual recovery, not out of your pocket.
For example, if your case settles for $100,000, and the contingency fee is 33%, your former and current attorneys may negotiate to split that fee according to the work each performed. Thus, you do not pay double; the total fee percentage remains the same.
While firing your lawyer is sometimes necessary, it’s always better to make the right choice at the start.
Here’s how you can avoid choosing a lawyer unfit for your case:
If your current attorney isn’t communicating, missing deadlines, or failing to prioritize your best interests, it’s within your rights to take action. Knowing how to fire your lawyer and when to do so can make all the difference in the outcome of your case.
The most effective way to avoid these issues is to hire the right lawyer from the beginning. When you choose Craig Swapp & Associates, our personal injury attorneys in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona, want you to focus on your recovery while we fight for the compensation you deserve.
Don’t leave your case in the hands of the wrong lawyer; call us today at 866-308-3822 to schedule your free consultation or send us a message about your case by answering our online form here.
Written By: Ryan Swapp Legal Review By: Craig Swapp