Dealing with the aftermath of an accident is challenging enough without feeling let down by your legal representation. If you’ve hired a personal injury lawyer but find yourself frustrated by their lack of communication or effort, you’re not alone. Many individuals in similar situations wonder if they can part ways with their lawyer before a settlement is reached.
You are not obligated to stay with the same attorney throughout your civil lawsuit. You have the right to fire your lawyer before reaching a settlement or at any point during your case. However, if your attorney has been involved in resolving your case, they may still have a claim on part of the settlement amount.
It’s best to focus on finding a new attorney with whom you can establish a positive and effective working relationship. Building a strong partnership with your legal counsel is key to achieving a favorable outcome in your personal injury case, so there are valid reasons to consider changing lawyers. Trying to do so solely to avoid paying their fee is unlikely to succeed.
Understanding Your Right to Change Personal Injury Lawyers
Whether you’re feeling frustrated by the lack of communication, effort, or results from your current attorney, knowing when and how to change legal representation can significantly impact the outcome of your personal injury case.
Reasons to Consider Firing Your Personal Injury Lawyer
There are several valid reasons why you might consider firing your personal injury lawyer:
- Poor communication and lack of updates: If your lawyer isn’t keeping you informed about the progress of your case, it can be frustrating and leave you feeling in the dark.
- Feeling like you’re doing most of the work: If you feel like you’re the one pushing your case forward while your lawyer takes a backseat, it may be time to consider a change.
- Personality conflicts or lack of trust: A good working relationship with your lawyer is essential. If you don’t feel comfortable with your lawyer or don’t trust their judgment, it can strain your relationship.
- Disagreements over case strategy: If you and your lawyer have fundamentally different views on how to approach your case, it may be best to part ways.
In our experience, these are some of the most common reasons clients come to us seeking a change in representation.
How to Terminate Your Lawyer-Client Relationship
If you’ve decided to fire your personal injury lawyer, here are the steps you should take:
- Review your contract for termination procedures: Most contracts outline the process for ending the lawyer-client relationship. Follow these guidelines if possible.
- Hire a new personal injury lawyer first: Before firing your current lawyer, secure a new one to ensure a smooth transition.
- Write a formal letter of termination: Send a clear, written notice to your lawyer stating that you’re ending the relationship and requesting your case files.
- Notify the court if you have a pending case: If your case is already in court, you’ll need to notify the court of the change in representation.
Remember, you have the right to change lawyers at any time, but it’s essential to follow the proper procedures to protect your interests.
Potential Consequences of Firing Your Lawyer Before Settlement
Whether you’re dissatisfied with their performance, communication, or any other aspect of their representation, it’s crucial to understand the potential implications of firing your lawyer.
Attorney Liens and Fees
One important consideration when firing your lawyer before the settlement is the issue of attorney liens and fees. An attorney lien is a claim your lawyer has on a portion of your settlement to cover their fees and expenses. If you fire your lawyer, they may still be entitled to payment for the work they’ve done on your case.
When you hire a new lawyer, they may negotiate with your previous lawyer to resolve any outstanding liens or fees. However, this can eat into your portion of the settlement. It’s important to weigh the potential costs of changing lawyers against the benefits. According to the North Carolina State Bar, lawyers are prohibited from acquiring a proprietary interest in litigation, except for liens authorized by law to secure their fees or expenses.
Additionally, state bar associations, such as the California State Bar and the Office of the New York City Comptroller, provide resources and procedures for resolving disputes with your attorney. This includes filing a complaint or seeking fee arbitration if there are disagreements over fees or the lawyer’s conduct.
Risks of Changing Lawyers Late in the Case
Firing your lawyer close to the settlement date can be risky. It may disrupt the progress of your case and even jeopardize your chances of receiving a fair settlement. Your new lawyer will need time to get up to speed on your case, which could delay the proceedings.
For instance, if there’s a dispute over fees or bill collection, your previous attorney could potentially withhold your files.
However, according to the American Bar Association’s Model Rule 1.16(d), which is adopted by most U.S. states, an attorney must comply with ethical and professional standards. This means they are generally required to provide you or your new attorney with your files, even if there are outstanding fees or other disputes.
Best Practices for Changing Personal Injury Lawyers
If you’re unhappy with your current legal representation or are considering making a change, it is crucial to know the recommended steps and best practices for firing your lawyer.
When to Consider Firing Your Lawyer
If you’re considering firing your lawyer, timing is key. It’s generally better to make a change early in the process rather than later. The longer you wait, the more complicated and costly it can become.
However, if you’re close to settlement and generally satisfied with your lawyer’s performance, it may be best to ride it out and avoid rocking the boat.
Seeking a Second Opinion
Before making a final decision to fire your lawyer, consider seeking a second opinion from another experienced personal injury attorney. They can review your case and give you an objective assessment of your current lawyer’s performance.
A fresh perspective may also uncover new strategies or approaches that could boost your case’s value. At Mayfair, we frequently provide second opinions to help clients make informed decisions about their representation.
Takeaways and Next Steps
If you’re considering firing your personal injury lawyer before settlement, remember:
- You have the right to change lawyers at any time, but timing and procedure matter.
- Firing your lawyer close to settlement can be costly and disruptive.
- Seek a second opinion before making a final decision.
- If you do decide to change lawyers, follow best practices for a smooth transition.
Get Lawsuit Funding at Mayfair
One common concern when changing lawyers is how to manage expenses during the transition period. Firing your lawyer can disrupt your case’s progress and delay any potential settlement.
If you’re struggling to make ends meet while your case is pending, consider seeking legal funding from Mayfair Legal Funding. We provide cash advances to help plaintiffs cover expenses while awaiting settlement.
Unlike a traditional loan, you only pay us back if you win your case. The loan representatives at Mayfair can help you understand your options and get the financial support you need during this challenging time. Give us a call at (888) 357-1338 to learn more.
