If your attorney has already spent a lot of time on your case, it’s going to be difficult for another attorney to pick up where he or she left off. It might be hard to find a new attorney who’s interested in taking on your case. This is especially true if the case comes with a big lien attached. Unless the new attorney stands to win a lot of money, he or she won’t have much incentive to take you on as a client. Other attorneys may also be reluctant to take your case if they see you as a “problem client. " This won’t be an issue if you have a great reason to fire your attorney, like if he or she has completely dropped the ball, but firing someone because you simply don’t like their personality could make it difficult to find another attorney willing to take you on as a client. Another thing to keep in mind is that depending on your case and the agreement you have with your attorney, you may still end up having to pay an expensive attorney’s fee. The longer your attorney has been working on your case, the more you’ll probably have to pay. If you hire a new attorney, you’ll have new fees to pay as well. So switching attorneys mid-case can be quite expensive. However, if you have a good shot at winning, it might be worth it. If the work has already been done, you’re not going to get your retainer back. You’re only going to get unused portions of your retainer back.
Your attorney has been dishonest with you. If you have reason to believe your attorney has stolen from you or been otherwise grossly incompetent, you need to fire your attorney. Your attorney has stopped communicating with you. This situation can commonly be remedied, but if your attorney simply stops responding to calls and emails, you’ll need to find other representation. [1] X Research source You’re concerned that your attorney isn’t doing a good job. It might be difficult to tell whether your attorney is doing competent work on your case. Before firing your attorney, it’s worth investigating a bit to see if the work they’re doing seems legitimate. If it doesn’t, you’ll need to pull the plug. You really dislike your attorney’s personality. Firing your attorney over a personality conflict isn’t ideal, so it’s best to do what you can to make it work. You don’t necessarily have to like your attorney - especially if he or she is doing a fine job on your case. But if you simply can’t work with the person and you don’t want them in your life anymore, it’s better to start working with someone you can trust.
Hiring an attorney to get a second opinion usually isn’t that expensive, since it only requires a few hours of the second attorney’s time. It might be well worth the expense to help you decide whether you need to fire your attorney. If you don’t want to go to the trouble of hiring a second attorney, consider doing your own legal research. Go to the local law library and get more familiar with the ins and outs of your case. If you have a better understanding of your legal situation, you’ll be equipped to make an informed decision about whether your attorney is doing a good job. [3] X Research source
If your attorney has been uncommunicative, or hasn’t been spending an adequate amount of time on your case, this gives him or her the chance to rise to the occasion. In an ideal situation you wouldn’t have had to pressure your attorney to improve, but this outcome is still ultimately less disruptive than having to fire your attorney. Have you explored other options for conflict resolution before taking the step of firing your attorney? Consider contacting your state’s bar association to request arbitration for disputes between you and your attorney. If you still aren’t satisfied after bringing up your concerns, you can fire the attorney.
Most agreements detail a series of steps that should be taken in order to end the relationship. In addition to paying the agreed-upon fee you’ll need to formally notify your attorney that the relationship is being terminated.
Hiring a new lawyer before officially firing the old one will also be helpful if you’re not sure how to handle the termination. Your new attorney can help you wrap things up in a professional way. This is especially important if you end up wanting to sue the old attorney for malpractice. [5] X Research source
If you prefer, you can fire your attorney over the phone or in a face-to-face conversation instead. However, it’s better to have it on paper to make the termination official. There’s no need to state reasons why you’re firing your attorney, unless you feel compelled to do so. [6] X Research source If applicable, request a refund of any fees paid in advance for which the work has not yet been done. Also request an itemized billing of charges made, and review this for any discrepancies.
You can also request that all your files be transferred to your new attorney, and set a deadline by which the transfer should be completed. It is illegal for the attorney to try to withhold your files or pay a fee to get a copy.
The process for filing a complaint differs by state. Contact your state’s bar association or disciplinary board to find out more about the process you need to take. If your aim is to receive damages you believe you’re owed as result of your attorney’s mishandling of your case, you should sue for malpractice instead of filing a complaint.
If you want to sue for malpractice, make sure you have a new, trustworthy attorney to help you navigate the process. Be sure to start the lawsuit as soon as possible, since a common argument made by attorneys who are being sued for malpractice is that the client waited too long to start the lawsuit. [10] X Research source
