Hiring an attorney is often a crucial decision that can significantly impact your life. Hiring a particular attorney can significantly impact your case. Whether it is a civil matter involving thousands of dollars or a criminal case where your freedom is in jeopardy, retaining the right attorney for you has consequences. However, it is not uncommon for clients to become disenchanted or frustrated with your current attorney. If this is your situation, can you fire your attorney and retain another one, and if so, what are the consequences?
Generally, you can disengage, or fire, your attorney at any time. If your case is currently in litigation, you need permission from the Court, and judges generally grant permission. Once disengaged your current attorney is obligated to adhere to your wishes. There are numerous reasons why you might want to fire your attorney and retain a new one.
Reasons for Firing Your Attorney
- Lack of communication. We see this one often. You want and need to know what is happening in your case. A failure to return phone calls or email, not reporting to you orally or in writing about the status of your case, can be highly frustrating. Even if the attorney’s paralegal is communicating, you do have a right to talk to your attorney.
- Not appearing in court or court-related proceedings. There is no excuse for your attorney to miss court appearances, depositions, motions, or other hearings. This can jeopardize your case and lead to exclusion or introduction of evidence harming your case, or even dismissal of your claim or defense.
- Not informing you of offers or settlements. We see this often, and recently with the tv lawyers’ firms. Regardless of the substance of an offer, your attorney must notify you and allow you to decide whether to accept after consulting with your attorney. The failure to get your consent on a settlement is unethical and may be grounds for legal malpractice.
- Attorney incompetence. Your attorney is expected to possess the legal knowledge to competently handle your case and conduct the necessary research to provide you with adequate representation. An incompetent attorney might neglect to include another at-fault party or a necessary party or be unaware of certain laws or regulations affecting your claim, resulting in substantial financial harm to you.
- Unreasonable billing practices. Your attorney may be billing you for first-class travel and meals and expenses that were not disclosed in the retainer agreement or may be charging unreasonable sums for printing costs or postage, sending faxes, drafting simple documents, or for short phone calls or emails.
- Disagreement over strategy or settlement. Although some clients have unrealistic expectations about their cases, an attorney may advise an early settlement with which you do not agree. You may also have disagreements on how to proceed with your case, such as which witnesses to depose and other related issues. These can often be resolved in a face-to-face meeting but may not.
- Unethical or illegal behavior. Your attorney may have failed to advise you of a conflict of interest where his interests may be primary over yours or that he once represented your opponent in a former claim. Co-mingling or mishandling of client funds is not an uncommon occurrence and is grounds for malpractice, which may result in suspension and possible disbarment.
It is recommended that you meet and discuss any issues you have with your attorney to see if the issues can be resolved. If not, or you feel your attorney is not attuned to or focused on your case, then consider finding another attorney. Be sure to find an attorney willing to take your case before firing your current lawyer. If you find that your attorney’s conduct led to harm and economic loss that may not be reversed, consider hiring a legal malpractice attorney.
Obligations of Your Attorney
Once you decide to fire your attorney, send a letter to your lawyer informing him of your decision. Be sure to review the retainer agreement to see if there is any agreed-to process for termination. Once the attorney receives the letter, he must provide all correspondence and documents relating to your case to your new attorney as soon as possible. If your case has been filed and is in litigation, the former attorney must inform the Court by filing a Motion to Withdraw, while your new attorney files a Notice of Substitution of Counsel. Any unused retainer fees must be returned as well.
Consequences of Firing Your Attorney
There can be significant consequences for firing your attorney:
- Delay of proceedings. If your case is a complex one, it may take some time for your new attorney to be updated. This includes reviewing all depositions taken, witness statements, medical and employment records, police and expert reports, results of motions decided, review of correspondence, texts, and emails, and researching the applicable law and regulations. Your new attorney may want to use a different strategy.
- Financial. In contingency cases, your attorney will likely file a lien on any settlement or money verdict as he is entitled to a percentage of any offer made. This may also be on a quantum meruit basis, that is, how much time your attorney spent on your case. Also, there may be unpaid expenses and outstanding legal fees if your case was handled on a hourly basis.
- Emotional repercussions. Many clients have close relationships with their attorneys, so finding a new one will entail rebuilding trust and confidence. Note, emotional distress is not usually compensable in legal malpractice cases. Spend personal time reviewing the case and your expectations with your new attorney.
Retain a Legal Malpractice Attorney From The Law Office of Burns and Jain
Firing your attorney and retaining a new one can be exasperating but it may be necessary if you want a satisfactory result in your case. You and your attorney need to be honest and have confidence in each other. While not all reasons for terminating your attorney constitute legal malpractice, suspecting your attorney of unethical or ineffective counsel may necessitate an investigation to determine if you have a viable legal malpractice claim. Call legal malpractice attorney Neil Burns or Roshan Jain from our office for a complimentary consultation about your possible claim.