Hiring a lawyer is a big decision, especially if you’ve been hurt in an accident and are counting on them to handle your case the right way. But what happens if your lawyer isn’t doing their job? Can you fire them before your case settles? The answer is yes—you have the right to change lawyers at almost any point. But there are a few things to think about before you make that move.
You Can Fire Your Lawyer Anytime
You are allowed to fire your lawyer at any time, whether your case just started or is almost settled. It doesn’t matter if you hired them for a car accident, slip and fall, or any other personal injury case. If you’re not happy with how things are going, you can look for a new attorney to take over.
That said, firing your lawyer might not be as simple as just saying goodbye. There are a few important steps you’ll need to take.
Think About the Timing
Before you end your relationship with your lawyer, it’s a good idea to think about where your case stands. If you’re close to settling, switching lawyers could slow things down or lead to extra fees. The first lawyer might still get paid for the work they did. This is usually done through something called an “attorney lien.” That means they’ll get a portion of the settlement for their time, even if another lawyer finishes the case.
The longer your lawyer worked on your case, the more they may be owed. If you’re still early in the process, firing them could be simpler and cost less.
Why People Fire Their Lawyers
There are several common reasons why someone may want to find a new attorney:
- They don’t return your calls or emails.
- You feel like you’re doing all the work yourself.
- They don’t explain what’s happening in your case.
- You’re not confident in their decisions or legal advice.
- You just don’t get along.
Even if none of these issues are happening, you don’t need a special reason to switch. If you’re uncomfortable or unhappy, you have the right to make a change.
Read Your Agreement First
Before you make any decisions, read the agreement you signed when you first hired your lawyer. This is sometimes called a “fee agreement” or “engagement letter.” It should explain how much the lawyer gets paid, what happens if you end the relationship early, and how expenses will be handled.
If your agreement says the lawyer gets a portion of the settlement even after they’re fired, that will still apply. A new lawyer might help you deal with this by talking to the old lawyer and working out how to split the fees.
Tell Your Lawyer You’re Ending the Relationship
It’s best to let your lawyer know you’re ending the relationship in writing. You can send them an email or a letter. Be respectful and direct. You don’t have to go into detail, but here are some things you should include:
- Let them know you’re ending their services.
- Ask for a copy of your case file.
- Tell them where to send future documents.
- Ask for any unearned fees to be returned.
- Include your name, contact info, and the date.
To protect yourself, you might want to send this letter by certified mail or request a delivery receipt by email so you have proof that they received it.
What Happens to Your Case File?
Once you fire your lawyer, you have the right to get a copy of your case file. This includes all paperwork, medical records, court filings, and other documents related to your case. These materials will help your new attorney pick up where the old one left off.
Make sure you ask for these right away and keep a copy for yourself too. You want the new lawyer to have everything they need to keep your case moving forward.
Hiring a New Lawyer
If you’re planning to fire your lawyer, it’s smart to already have another attorney lined up. Your case could get delayed if there’s a gap between lawyers. A new lawyer can also help you understand any fees your old lawyer might ask for and may be able to reduce them.
Be honest with your new lawyer about what happened with the last one. That way, they can decide if they want to take your case and how best to move forward.
Will the Court Be Involved?
If your case has already been filed in court, your old lawyer might need to get permission from the judge to officially stop working on your case. This usually isn’t a problem unless you’re very close to trial. The judge just wants to make sure switching lawyers won’t delay things too much or hurt your chances.
Firing a Lawyer Doesn’t Mean You’ll Lose
Many people worry that changing lawyers will hurt their case. While it can slow things down a little, especially if your case is far along, switching attorneys won’t make you lose your right to a fair settlement. In fact, getting a better lawyer could help you get better results.
The key is to make the switch carefully and responsibly. Make sure your new lawyer is ready to pick up the case and keep things moving.
Not Sure What to Do?
If you’re thinking about firing your lawyer, you’re not alone. Many people go through the same thing. It’s your case, your recovery, and your future. You deserve a lawyer who listens, communicates clearly, and fights for what you deserve.
Call Friedman Injury Law Today
If you’re unhappy with your current lawyer, talk to us. We’re here to help people who’ve been injured and want a lawyer who puts them first. Our team can review your case, explain your options, and help you take the next step. Call us today at (702) 970-4222 for a free consultation.
