It’s not an uncommon situation. You meet with your lawyer and they make a great first impression. They assure you they have a terrific track record and that they will do everything they can to help you win your case.
But as time goes on, you begin to see cracks in the exterior. Communication becomes spotty. Your lawyer begins to get disorganized. They don’t seem to understand what’s going on in your case. It is at this point that you begin to wonder, can I fire my lawyer?
The answer to this question is yes, you can absolutely fire your lawyer. However, there are many things you will want to consider before taking this major step. There is also a specific procedure you will have to follow if you decide to part ways.
This article will give you all the information you need if you are thinking of firing your lawyer.
Can Firing My Lawyer Hurt My Case?
Firing a lawyer will not affect how a judge and jury see your case, but it can lead to other setbacks.
For instance, your lawyer may need time to catch up and learn about your case before they are ready to step in where your old lawyer left off. This can be detrimental if you are at a pivotal point in your case. If you are facing a motions deadline, a hearing or an appearance, you may want to try to stick it out with your old lawyer for the time being if at all possible.
And while switching lawyers will not affect how the judge and jury see your case, switching lawyers too many times can slow down the litigation process. This may cause aggravation.
Firing Your Current Personal Injury Lawyer?
You have an absolute right to retain new counsel at any point during the litigation of your case, for any reason or no reason at all. Some reasons you may choose to fire your current lawyer and retain new counsel are:
- General Disorganization: If your lawyer is acting disorganized and unprofessional, it may be a sign he needs to be let go.
- Lack of Communication: Lawyers should always be there when you need them. If your lawyer isn’t returning your emails or phone calls and communicating with you in a clear concise manner, it may be time to move on.
- Not Getting the Results You Want: A lawyer may not always get you the outcome you were hoping for, but it’s important that they are doing their best. If you feel your lawyer is dropping the ball and it’s resulting in unfavorable results, this is a surefire way to tell they are not right for you.
- Disagreements About the Way a Case Should Be Handled: A lawyer and client may not always see eye to eye, but if you feel you’re being forced into a settlement you don’t think is fair, you may want to get a second opinion.
- Lawyer Doesn’t Understand Your Case: If your lawyer seems to be misunderstanding legal concepts it may be time to find someone more experienced.
What Steps Do I Need to Take if I Want to Fire My Lawyer?
If you are unhappy with your lawyer, the first thing you should do is try to talk to them to see if you can resolve your differences. Firing a lawyer is a major decision and your first step should always be trying to come to a resolution through communication.
If you have tried talking to your lawyer and you don’t seem to be getting through, it’s probably time to move on. However, proper procedures must be followed to make sure everything is handled legally. Here are some steps you will want to take.
- Look Over Your Contract: Most clients and lawyers have a contract that outlines the terms of their professional relationship. In this contract, it’s likely that there are steps for a procedure that must be followed if the client decides to terminate the relationship. Review your contract to ensure you are following the proper protocol.
- Find a New Attorney: If you are involved in a legal battle, you should never be without representation. If you have to handle a legal matter on your own, it could be detrimental to your case. Therefore, you will always want to hire a new attorney before firing your old one.
- Write a Letter: You must write a letter to your attorney to let them know they are being terminated. It is best to send the letter through certified mail so you will have proof it was sent. It must include a request for your legal files to be sent to your new attorney and it must include the contact information for your attorney. Your new attorney will reimburse your old lawyer for her fees and expenses incurred before the switch, and before your outgoing lawyer turns your file contents over to your new attorney.
- Notify the Court: The court must be notified of any change of counsel and this should be done immediately after you, or your new attorney, sends your letter. Your new lawyer will file a Change of Counsel with the Court.
Finding the Right Lawyer to Represent You
It can be hard to find the best representation but you really can’t go wrong when you hire Michael Redenburg.
Michael Redenburg is an NYC car accident lawyer with over a decade of experience in the field of personal injury. He is known for providing his clients with direct communication they can count on. He has successfully represented hundreds of victims and always focuses on exceeding the expectations of the people he represents.
Don’t let a bad lawyer keep you from getting the compensation you deserve. Call Michael Redenburg to get the aggressive representation you need.