If you’re considering firing your attorney, there are a few things you need to consider first. Proper timing and planning ahead of time can make the transition to a new lawyer go smoother. At Compass Law Group, LLP, we’re here to offer some insight. We’ll quickly go over the basics of firing an attorney, important things to consider, and how to legally go about terminating your contract.
Do You Have the Right to Fire Your Attorney?
As the client, you have the legal right to terminate the contract with your lawyer at any time. Keep in mind that doing so can result in potential financial consequences and contractual obligations you’ll need to abide by. Some law firms require you to pay the legal fees accrued up to the point of termination either out of pocket or from the settlement amount you earn.
You’ll also need to be aware of the risks and plan accordingly beforehand to make sure the transition to your new attorney goes off without a hitch. This can include consulting other lawyers beforehand or getting a second opinion.
Common Reasons People Fire Their Attorneys
You can technically fire your lawyer at any time for any reason, though it may not be in your best interest to do so unless you have a valid reason. Firing an attorney is a process that can complicate your case, so make sure the decision is worth the effort and potential expenses.
Common reasons that a person may wish to fire their current lawyer include:
- Poor Communication: Your attorney needs to be responsive to your communication throughout the process and keep you updated on your case’s progress. Failure to do so can leave you frustrated and out of the loop, which can hinder the overall process.
- Improper Handling of Your Case: If your attorney keeps missing deadlines, skipping important details, or showing any signs of legal incompetence, it may be in your best interest to switch lawyers.
- Disagreements on the Strategy: You and your attorney need to be on the same page about what outcome you want to achieve and how you plan to get there. If your plans don’t align, negotiations may not be as productive as they should be.
- Conflicting Personalities: You and your lawyer are on the same team, and you need to be able to work together to get the outcome you want. If you can’t get along with each other, or maybe there’s a lack of trust, you may need to find someone else.
- Legal Malpractice: In some cases, an attorney may be negligent in their process or practice behaviors that are considered legal misconduct. In the event of malpractice, firing them may be necessary.
When Is It Too Late to Fire Your Attorney?
While you can technically fire your attorney at any point, there are situations when it is too late to fire your attorney without causing significant legal or financial consequences. Timing is crucial, and making a sudden change at the wrong time can disrupt your case
Some circumstances where firing your attorney may not be ideal include:
- If the Case Is Nearing a Trial: The further you get into the settlement process, the messier it will be to switch attorneys. If your case is nearing a trial, firing your attorney may cause more harm than good. The entire process could get delayed, and your new attorney will need to jump into the middle of a case with minimal time to prepare.
- In the Middle of Active Settlement Negotiations: Negotiating your settlement is a back-and-forth discussion between both parties. Introducing a new attorney in the middle of it can disrupt the process and hinder negotiations.
- If It’s Close to the Statute of Limitations: You have a certain amount of time to file a lawsuit after an accident, and the delays from switching attorneys could cause you to miss the deadline and lose your chances of compensation.
- The Potential Financial Costs: Depending on the specifics laid out in your contract, you can get slammed with fees for switching attorneys. Lawyers have the right to be paid for their legal services, so cutting them out early could lead to a hefty bill or list of expenses that will need to come out of your pocket.
If you’re feeling unsure about the timing, consulting another attorney can help you determine when it is too late to fire your attorney without jeopardizing your case or settlement.
Can I Fire My Lawyer Before Settlement?
You have the legal right to fire an attorney at any stage of the claim-filing process. However, there are legal and financial implications depending on when in the process you decide to fire them.
If your goal is to fire an attorney before the settlement to avoid paying their fees, this typically doesn’t work. If an attorney worked on your case for any period, they have a right to be paid for their legal services.
Attorney liens allow a lawyer to take a portion of your personal property or valuables as a sort of placeholder until you pay their due legal fees. If you refuse to pay, it can lead to serious legal ramifications.
Consider the reason behind wanting to fire your attorney, and decide if the hassle and excess fees are worth it. In cases such as legal malpractice, it may be a necessity.
How to Fire Your Attorney the Right Way
Firing your attorney isn’t as simple as kicking them out of the courtroom or telling them you’re done. There’s a process to follow that ensures a smooth transition for your case that won’t impact your compensation. Proper preparation helps prevent legal ramifications on either end and helps move the process along quickly.
Here’s a rough outline of the basic steps to take to properly let your attorney go from your case:
Step 1: Find a New Lawyer Before Making a Move
Just like you wouldn’t quit your current job without having another one lined up, you don’t want to fire your current lawyer without having another one in the wing ready to take over your case. If you’re in the middle of negotiating your settlement, you don’t want to be left without an attorney in your corner. This can delay the process and complicate the negotiations further.
Step 2: Review Your Contract for Termination Clauses
Before you decide to fire your lawyer, read over your contract with them and see if they have any clauses related to termination. Some law firms have termination fees and expenses you’ll be responsible for paying when you terminate the contract. Make sure you know your contract front to back so you know the potential consequences of firing your attorney before your case is settled.
Step 3: Draft a Formal Termination Letter
You’ll need formal documentation of the termination and the reason behind it. Keep in mind that you can fire an attorney for any reason, but you’ll need to explain why. Write a formal letter of termination to your attorney, outlining the specifics of the termination and the reason behind it.
Step 4: Request Your Case File & Ensure a Smooth Handover
If you have another attorney already lined up, you can request a copy of your case file to give to the new attorney so they can get up to speed on the current situation. This helps to ensure a smoother transition and prevent delays in your case settlement.
Step 5: Notify the Court (If Necessary)
If your case has been taken to court, you’ll need to inform the court of your decision and provide an explanation as to why. The transition will be trickier, but the judge needs to know what’s happening so the new attorney can have a smooth case handover.
Can You Talk to Another Attorney Before Firing Yours?
The short answer is yes. You are within your right to consult with another lawyer before you officially fire your current one. Getting a second opinion on your case can help make sure you’re on the right track, as another pair of eyes can catch things you may have missed.
Just make sure you’re upfront with the new attorney from the jump to prevent any potential confidentiality concerns. Tell them immediately that you’re currently working with an attorney but looking to switch to someone else.
If you’re unsure when it is too late to fire your attorney, speaking with another lawyer can provide clarity on whether switching legal representation is still a viable option or if it could negatively impact your case.
What To Consider Before Making the Switch
Before you make the jump to switch attorneys, consider the potential consequences that will come from it. There may be delays to your case that can impact tight deadlines, and you may accrue additional fees and expenses when hiring a new lawyer.
Not only that, make sure you choose a new attorney who’s confident in their ability to win a positive outcome for your case. You don’t want to rush to find a replacement attorney and pick someone underqualified. Be sure to consider your options beforehand to make sure you pick the right legal representation for your situation.
Making the Right Decision About Your Legal Representation
At the end of the day, you want a legal team that’s on your side and ready to work with you to fight for the compensation you deserve. It’s a group effort, and you want team members you can trust to have your best interests at heart. Do your research beforehand so you’re equipped to make an informed decision about what’s best for you.
If you’re unsure about when it is too late to fire your attorney, Compass Law Group, LLP has your answer. Our legal team has years of experience working cases that range from car accidents to medical malpractice, and we’re ready to fight for your rights.
We’ll guide you through the legal process and make sure you get the financial compensation you deserve. Get in touch with us today to learn more about your legal options.
