When is it Too Late to Fire Your Attorney?

when is it too late to fire your attorney

Anyone who has had a bad experience with an attorney may leave you wondering, “When is it too late to fire your attorney?” We often hire an attorney with high hopes for what we can recover with their help. We see them as a part of our team for success, whether it be a personal injury case, a long divorce, or a custody case. You may even hope to hire a new attorney to keep your case moving, but it can feel monumental to make a change, regardless of how far into your case. This article will look at the circumstances around removing one legal counsel and finding another, including considering the obligations you may have to your former attorney.

Your Rights to End Legal Representation

You have the legal right to end the attorney-client relationship at any point in the case. You do not need to ask the court for permission, nor must your attorney agree to end representation. You must inform everyone of your decision and have a plan moving forward, such as new legal counsel or a plan to represent yourself. You may also need to consult your retainer agreement with your attorney to ensure you terminate the agreement with them properly. When considering this move, there may be other implications you need to acknowledge and address, but there are typically no laws or rules to force you to continue to work with your attorney.

Reasons to End the Attorney-Client Relationship

There are several reasons people decide to end attorney-client relationships; as mentioned above, there may not be a specific reason. However, before you switch attorneys, you may want to look at why you are having issues with your current attorney. These reasons may help you discuss with your lawyer the possibility of switching attorneys if the relationship does not change. On the other hand, it can help you identify important characteristics to look for in a new attorney. Several common reasons people fire their attorneys are listed below.

Poor Communication

One of the reasons a person may choose to change attorneys is because they are having a difficult time communicating with their old attorney. Attorneys should have superb communication skills, especially if they argue your case in court, and having a lawyer fail to keep you up to date, such as waiting to share a settlement offer or not disclosing important deadlines, may undermine your entire case strategy. Clear communication is essential to building your case and assuring your best interests are being considered. If you have difficulty contacting your lawyer, changing attorneys may be a good next step for your case.

Professional Misconduct

Attorneys must be professionals and act properly toward you and about your case. This may go hand-in-hand with poor communication, but you may notice your attorney’s tone shift, or they begin to forget important details. This often indicates they are overworked by too many clients or a bad attorney. This could turn into missed hearings or misplaced case files later in the attorney’s performance, so you may hire a new lawyer if you notice unprofessional conduct or misconduct. This includes instances where your attorney has been disciplined or disbarred.

Mistrust

You may file your attorney because you do not trust them. Mutual trust is important to the attorney-client relationship because you need to feel comfortable sharing difficult parts of your case with them, and they need to trust you to do so. You will likely have a bad case if you or your attorney cannot trust the other.

Strategy

The client drives every case, whether personal injury cases or contract law. Your attorney should be working to explain the legal concepts to you so that you can participate in and work with them to make decisions about the case. If you are unhappy with how your attorney handles the case or refuses to allow you to make decisions, you should consider your options to change lawyers.

Possible Obligations to Your Previous Attorney

If you choose to fire your attorney, you may have some financial obligations that could undermine your case. You should consult the fee agreement and determine what legal fees your current attorney may be entitled to, even if they do not finish the case as your legal representative. The attorney’s claim for fees could impact the possible outcomes of the case, so this should be considered when firing your attorney. Check for any termination clauses in the retainer agreement, especially when working on contingency cases.

Other Consequences of Parting Ways with Your Legal Counsel

If you choose to find a new attorney, several other consequences can occur, especially if you fire your attorney late. You can take steps toward avoiding pitfalls when determining the best course of action.

You may encounter delayed proceedings or a lack of continuity when you switch lawyers. Your new counsel may need time to evaluate your case and create their strategy around the case. This can have severe impacts and delays on a personal injury case or other cases where you seek to resolve the case and be compensated. This could undermine your case’s best interests.

Steps to Fire Your Attorney

Considering the following steps when considering firing your attorney can be helpful.

Talk with Your Existing Representation

If you are considering changing lawyers, you may want to speak with your current attorney and outline your issues with their representation. They may be willing to address these issues and right the course to achieve the best possible outcome from your trial or settlement options.

Seek a Second Opinion

You may also consider getting a free consultation from another attorney in your personal injury case if your current lawyer is not working for you. This confidential consultation will allow you to test the strength of your case, assess costs, and consider your interests before firing your attorney.

Find the Right Replacement Attorney

While you seek a second opinion, you may also have the opportunity to find a new attorney to help you with your case. Otherwise, you may wish to find your attorney’s replacement before you fire them because it will ensure the transition is as smooth as possible, and they can help settle financial issues with your old lawyer.

Formally Fire Your Attorney

Once you plan to move forward with a new attorney, you must formally fire your old lawyer. Usually, a lawyer will like this outlined in a letter to confirm you are no longer one of their clients. You can then work with your new lawyer to proceed to trial on your personal injury case or any other case you brought.

Firing your attorney late in the game may have costs, but if your new attorney can win your trial, it may be in your best interest.

To learn more about when it is too late to fire your attorney, attorney-client relationship, alternative dispute resolution, and more, contact ADR Times!

Emily Holland
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