Every profession has good, talented people — and then there are those who are less talented or motivated to do the right thing. The legal profession is no different. Not everyone who graduates from law school is a great lawyer, and sometimes it takes a little searching to find the one who’s right for you and your case.
Choosing a lawyer is similar to choosing a doctor or therapist. Even a great lawyer might not be a great fit for you. There could be specific issues that make the lawyer less qualified to help with your situation, but it could also be that your personalities don’t mesh well together — and that’s okay.
But if you’ve already signed a contract with a lawyer and then you feel like it’s not working out, what are valid reasons to fire your lawyer?
Let’s take a look at several reasons why you should consider a “break up” with your lawyer.
Reason #1: Your lawyer isn’t returning your calls.
Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone calls or emails within a reasonable amount of time.
Be aware that your calls might be returned by an assistant or paralegal — you might not always be able to get your lawyer on the phone. Especially if they’re traveling or engaged in a trial, they might not have a lot of time to return calls. But if they can delegate the calls to their assistants and someone is answering your questions and providing you with updates, that can suffice.
You don’t need to take legal advice from an assistant or paralegal. They should relay your question to your lawyer, and then relay the answer back to you if the lawyer doesn’t get back to you directly.
Still, you should never feel like you’re being left in the lurch or that you can’t get a response from your lawyer.
In addition, your lawyer should never be the reason why you fail to show up or are unprepared for a court date. If you’re not sure when or where you need to appear, your lawyer should provide this information to you in a timely manner so nothing slips through the cracks.
Reason #2: Your lawyer is disorganized or unprepared.
Put bluntly, is your lawyer’s behavior unprofessional?
Their time is money, but so is yours. If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting.
Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents. Possibly the worst-case scenario is if your lawyer shows up unprepared to court because that can affect the outcome of your case or proceeding.
When you ask questions to your lawyer, they should have your file ready and organized. They should have copies of any checks you’ve written related to your case, evidence submitted or received as the result of an investigation, pleadings from the other parties (or their own), and any other material related to the proceeding. They might not have their hands on each document immediately, but they need to know where and how to locate it, whether they store items digitally or physically.
Reason #3: Your lawyer is incapable of handling your case.
What if they just don’t get it?
It takes a lot of time, effort, and studying to become a lawyer. But that doesn’t mean every lawyer understands every nuance of the law. If your case is a smaller one, it might be delegated to a newer attorney in the firm. It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant.
The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise. For example, what starts as a truck accident claim could become a product liability issue because of defective manufacturing of one part of the truck — and that might not be obvious when the lawyer takes on your case at the beginning.
If that happens, it’s the lawyer’s responsibility to either do the research in order to handle the case competently, or they need to get the advice of another lawyer who’s more well-versed in that area of law.
Reason #4: You disagree with your lawyer’s advice.
You retain legal counsel because you need advice.
However, the lawyer should still take your wishes into consideration.
The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident. Or, maybe you think taking a case to a judge and jury would be a good move but your lawyer is pushing you to settle.
Alternately, perhaps you want a quick settlement in order to avoid the courtroom, but your lawyer is discouraging that strategy.
Your lawyer likely knows the legal system in the community where you live, and they might have valid reasons why they think one approach is better than another, but ultimately it’s still up to you to make a decision — it’s your life, after all.
A lawyer is ethically bound to share any settlement offer with you. If the other party makes an offer, even if the lawyer knows it’s too low, they need to tell you that an offer was made.
If there’s a big decision to be made about the direction of your case, it’s reasonable to make a list of pros and cons, and talk it over with your lawyer. Your lawyer should also be able to adequately explain to you why they think you should follow their advice, and it shouldn’t be just because they want to close your case.
Reason #5: Unreasonable billing practices.
Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.
You might not know upfront exactly what those fees are going to be, but when you receive a bill, the expenses should be reasonable.
For example, it doesn’t cost $20 to send a fax. In today’s world, most correspondence is by email — but even if a fax is necessary, it shouldn’t come with a hefty price tag. Likewise, a law firm shouldn’t charge you a paralegal’s hourly rate to deliver a letter to opposing counsel if it could’ve been mailed or sent by courier much less expensively. Some travel might be necessary for your lawyer to fully handle a legal matter, but there shouldn’t be a charge for a week-long stay at an expensive resort under the guise of working on your case.
Reason #6: Unethical behavior or misconduct.
Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.
If your lawyer has acted in the following ways, they might be breaching their code of ethics:
- Mishandling funds
- Breaking your attorney-client privilege (or confidentiality)
- Conflicts of interest
- Failing to inform you of settlement offers
- Asking you to do something that makes you uncomfortable or could be illegal
Reason #7: Legal malpractice.
Malpractice could be intentional or by accident.
If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.
Malpractice can also include a substantive error regarding the law or its interpretation, or a procedural error like failure to file a pleading or other document on time.
For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.
Reason #8: Lack of dedication or compassion.
Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.
The level of compassion you’re shown by your lawyer might depend on their personality, your personality, or the facts of the case. Some lawyers aren’t warm and fuzzy, but they still have an obligation to negotiate strategically with an insurance company or the opposing parties in order to get the compensation you need and deserve after an injury.
Your lawyer should not berate or belittle you, and they should not attempt to bully or coerce you into accepting a settlement or handling your case in a specific way.
If the evidence shows that the accident wasn’t the way you described it — if you were more at fault than you originally admitted, or if you weren’t truthful about the circumstances or your resulting condition — it could be difficult, if not impossible, for your lawyer to zealously represent you.
Your lawyer is also bound by the laws in your state and their code of ethics. You can’t expect them to lie, nor can you expect them to cover up evidence (or fabricate evidence). Doing so would put them in a position that could jeopardize their career, license, and reputation.
How to fire your lawyer
If you’ve determined that your relationship with your lawyer isn’t working out, or if you have other reasons why you need to hire a different lawyer, you can follow these steps to terminate your attorney-client relationship:
- Read the fine print on your contract for legal services. Find out what the termination clause says, if anything. If the termination clause includes a specific procedure for notice, timing, or anything else, follow the terms of the contract.
- Hire a new lawyer. You don’t want to be in the midst of a legal proceeding and have no lawyer, even if your current lawyer isn’t doing their job. Hire a new lawyer first, and then fire the old one.
- Write a termination letter. Any time you modify or terminate a contract, it must be in writing. Ideally, this should be a formal letter sent by certified mail to the lawyer’s office so you have proof of delivery. You must request that your file (including all documents, evidence, pleadings and other materials) is sent to your new attorney. Send full contact information for the new lawyer so that materials can be forwarded. If you paid a nonrefundable retainer fee, you likely won’t be able to recoup those funds.
- Notify the court. If your case is already filed within the court system, you (or your new attorney) will need to file notice with the court that you are now represented by new counsel. Your new attorney will file a “motion for substitution of counsel” and your old attorney will file a motion to withdraw.
If you owe money to the previous lawyer for expenses, they have the right to claim payment for those funds if they’re not being disputed. Pay off your balance immediately because the lawyer could hold your case files until they receive payment.
If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.
Lo says
What if my lawyer dosnt tell me of continuances so I show up a hr away for no reason there was no signed contract and he has had my date continued for around 6-12 months cuse he didn’t have full payment
Melissa Gold says
Hi, Lo. I’m sorry this is happening. A lawyer is obligated to communicate with their clients and to zealously represent your interests, which means they must do their best to represent you to the best of their abilities. If you feel that your lawyer isn’t communicating properly with you, let them know your concerns. If you’ve tried to contact them and can’t get a response, you might need to find a different lawyer who can help. Best of luck.
Thomas says
Lawyer accepted my case for discrimination on contingency basis over 60 days ago (SoL for case will be up in 40 days), and hasn’t filed the case or written a draft of the complaint for me to see yet, and keeps asking for all my files that are over two years old and passed the SoL, and will not give me a timeline of when he will file or amount of money he’d seek for damages. He now only has his assistant respond to my once a week email to him and does not return my calls, he just sends me a two line email and says another two weeks to file, but never talks to me about the case to be filed. I also found out he’d been sued two years ago for malpractice over similar issues that I am now experiencing.
Melissa Gold says
Hi, Thomas. Thank you for sharing your experience. I’m sorry that you feel that you’re being treated poorly. If you’re concerned about missing deadlines and losing your ability to sue, you definitely want to find a lawyer who can take this on and has the time and attention to give your case. Your lawyer has an obligation to communicate with you about your proceedings. You might consider keeping a log of your attempts to reach your lawyer (dates of emails, phone calls, etc.) in case you miss a deadline and need to find someone else to handle your case. Best of luck.
Linda says
I had an accident in 2018. Once I finished my therapy sessions I reached out to the law firm and notify them. Around February 2019, I hadn’t heard from the lawyer and reached out, they claimed that the doctor office never sent my file…I called the doctor’s office and they said the lawyer office never requested it. So after that was taken care of the paralegal told me she needed so.e other paperwork from the my ER visit and previous workers comp claim and asked me to get it. After that the law office claimed that they had not heard back from the insurance office…this went on until 2020…in Feb of 2020 the law office said that the insurance company wanted my 5 years medical record from my primary doctor to see if i had ever complained about neck or back issues..which I haven’t and I got the records and sent it to the attorney’s office. Last thing I heard that they were trying to office me 4000. Before this I never went over a game plan with them…and I didn’t know that the law office only requested 17000… if they would have asked me I would have told them 50000. I have 2 herniation discs that came from this accident. I had a MRI done to prove it. And plus I now (2years later) have finger numbness when I sleep which come from the herniated disc. I email and call the law office with no reply for months… Monday I finally got in touch with them and the said they haven’t heard from the insurance office. Is this a case in which I can switch attorney’s?
Ian Pisarcik says
Thank you for your comment.
An attorney should always go over a demand in order to get your approval before submitting the demand. Without knowing the details of your case, it’s difficult to determine whether your attorney failed to do this or whether the delay in processing the claim is the attorney’s fault or the fault of the insurer.
With all that being said, you ALWAYS have the right to switch attorneys. If you don’t think your attorney is a good fit, tell your attorney that you’re seeking different representation and reach out to a new attorney.
Cj says
From Minnesota
Basically same situation for me except I received a settlement that was higher than I thought and my whole situation was made so much easier because of the attorney I had.
Ian Pisarcik says
Thanks for the response. Sometimes, the right lawyer makes all the diference.
Sandy says
Lawyer didn’t show up for trial, and came after proceedings was over. Blamed me for retaining her late, and said as long as she showed up, I should be fine with it. Said and apology wasn’t warranted because traffic is out of her control. But said it was preliminary and that I have unrealistic expectations. None of this was stated when I retained her. Confidence is loss. She was not understanding or apologetic and showed no empathy.
Ian Pisarcik says
I’m so sorry to hear this. It sounds like the relationship is not a good one and it might be in your best interest to retain a different attorney.
Alejandra says
I got a lawyer to help me remove charges from my brother that were untrue i told him that the officer who has the case would be in office on 4th of july officer says he never called him back or wont answer his calls i didn’t sign a contract but I did pay $2550 up front can I just tell him I no longer want to work with him?
Melissa Gold says
Hi, Alejandra. You always have the option to change lawyers if you feel that the person representing you (or, in this case, your brother) isn’t doing the job as well as you’d like. With respect to what you’ve already paid, you might not be able to recover that money. Normally, I’d say you’d have to look at the terms of the contract (retainer agreement) with the lawyer in order to see if there’s any way to recoup that money, but since there’s no contract, I’m not sure what you agreed to. It’s hard to say what’s happening, and there might be more going on behind the scenes that you’re not aware of. You are always welcome to seek the advice of a different attorney.
woods says
My lawyer do not keep me informed by my case I ask to see her or make an appointment or talk on the phone it away she will call you but never do I don’t no what the problem until it to late. And then I can’t do anything about it. Please help me .
Melissa Gold says
Hello, Woods. Your lawyer has an obligation to communicate with you about developments in your case, inform you of important dates, etc. If you can’t get your lawyer to communicate with you, you should find another lawyer who will. You definitely don’t want to miss court dates or filing deadlines because the lawyer isn’t keeping you informed.
You are welcome to try the Enjuris law firm directory if you’re looking for a personal injury lawyer. If you’re looking for some other type of representation, you might wish to look up your state or county bar association for more information on finding a new lawyer.
Amydew says
I want to fire my lawyer because he calls me names He calls me a liar. He treats me like I’m no good and scum. He’s incompetent. He affirms that Valium should be out of your system in three or four days and says his expert says that but I’m still detoxing from it. I quit July 25th 2020 and it still shows up in my system over 2 weeks later. My lawyer doesn’t believe me but if you go online everywhere the truth is there. Valium takes longer, it takes weeks and he won’t believe me and I don’t have faith in him I don’t think he’s competent because he can’t even go online and see the truth for himself and it’s stressing me out and I don’t need any more trouble than I’m already dealing with.
Ian Pisarcik says
Andrew,
I’m sorry that you are having a difficult time with your lawyer. It sounds like switching lawyers is probably a good idea. I wish you luck in finding the right lawyer for your case.
Help Please says
From Delaware
My attorney is currently involved in a case concerning me. Upfront of course, I had to provide him with a sizable retainer fund for this “project”. At this time, I know he has made 2 withdrawals from these funds. I want to know the remaining balance before I fire him. How do I go about getting this information?
Ian Pisarcik says
You’re entitled to an accounting from your attorney (i.e., a billing statement, including the remaining balance). If your attorney refuses to provide you with a billing statement after you request one in writing, I would recommend reaching out to the discipline section of your local state bar organization to discuss the possibility of filing a bar complaint.
ccj says
From Georgia
What if my attorney has lied to me over email? Every time we get an initial hearing scheduled, it gets cancelled because the other party is avoiding the process server. My attorney told me service isn’t an issue, and that she’s done everything necessary. I called the judge’s clerk to confirm that after months of delays and numerous unanswered emails, and the clerk said that the hearings keep getting cancelled because of lack of service. I’ve asked my attorney for about 6 months to publish service in the paper if she won’t answer the door for the process server, which she simply won’t do months after I was invoiced for it and paid for it. I’m leaving out the most damning details because…the internet. Is this simply her failing to zealously represent me, or does this arise to malpractice or misconduct? What recourse do I have? I am suffering significantly opportunity-wise due to her incompetence on this action.
Ian Pisarcik says
You always have the option to terminate the relationship and switch attorneys. With that being said, you may want to try to resolve the issue by using the Georgia State Bar’s client assistance program. Here’s the information: https://www.gabar.org/forthepublic/fileacomplaint.cfm
TF says
From Georgia
A co-worker suggested a lawyer (his friend) to represent my husband in an automobile accident that flipped his work truck when a woman ran a red light. We were planning on taking the case to court so a deposition was given by the opposing lawyer. My husband has never given one and did not know what to expect and was caught off guard and we felt it went very badly-although his attorney said it went ok. We found out that his attorney told the co-worker that the deposition cost my husband 20-30 thousand dollars. She never told us. Now we have a trust issue. Should we pay for services rendered and get another attorney?
Ian Pisarcik says
If I’m reading your comment correctly, you’re suggesting that your husband’s attorney billed your husband $30,000 to defend a single deposition. This is extremely high. In what sounds like a fairly simple car accident case, defending a deposition should cost closer to $1,500.
I would recommend discussing your concerns with the attorney. If you’re still not satisfied or want a second opinion, you could reach out to the “client assist program” at your local state bar. Here’s the information: https://www.gabar.org/forthepublic/fileacomplaint.cfm
Frank Torres says
From Texas
What if my attorneys office manager is very rude, I had to stop her from speaking to me a certain way. How does that work if I fire the team??
Ian Pisarcik says
Frank,
I’m sorry your attorney’s office manager is rude. I would certainly mention this to your attorney and hopefully your attorney can resolve the issue. With that being said, sometimes clients change lawyers based on the attorney’s support staff. If you need a new lawyer, you can find one near you using our free directory.
Rose says
From Texas
I was in a non fatal bike accident. Me being the one riding the bike this was in March I hired a lawyer in the same week that I got hit by the car. Now it is september and there has been no movement on my case call the lawyer and I get either his voicemail or excuses about how he can’t get contact with the insurance company. I don’t know what to do. Do I fire him? Or do I just continue on waiting for the case to be resolved in his time.?
Melissa Gold says
Hi, Rose. I’m sorry you’re dealing with this situation. You’re correct to be concerned about timing because if you miss filing deadlines, the court can refuse to hear your case. In Texas, the statute of limitations for a personal injury lawsuit is 2 years from the date of the injury. However, there are good reasons to move quickly — more accurate witness testimony, fresher evidence, and other things. Still, the court system can take a long time and the lawyer might be working on the case, waiting for responses from the other party, or there could be other aspects that are slowing down the process.
That said, the lawyer is responsible for communicating with you about what’s happening with your claim. If he’s saying he can’t get in touch with the insurance company, that should be a red flag. The lawyer’s role is to advocate for you — the client — and to get results. If the insurance company isn’t responsive, the lawyer should be able to reach higher within the company or work with the adjuster to move the claim forward. Alternately, if the lawyer really can’t get a response, he should be pursuing other legal options in order to continue your claim.
March to September isn’t an excessive amount of time in the court system, especially because things are slower in a lot of respects because of the pandemic. But your lawyer should be communicating with you and keeping you informed. If he can’t work with the insurance company, ask what your other options are. You can get a new lawyer anytime. If you feel that your lawyer isn’t communicating with you, isn’t pursuing your case to his full ability, or you’re just not happy with his advice or representation, you’re always welcome to seek other counsel.The Enjuris personal injury law firm directory is one resource you can use for finding other lawyers in your area. Best of luck!
Vanessa George says
From South
Hi, I was in a accident on July 7, no one got hurt but it was a serious accident, I got an Attorney, he’s not keeping in touch with me, I tried talking to the other person insurance company. But they won’t talk to me because I got a attorney, but she did tell me they are investigating, because they got a witness that someone else was driving my car, I asked my attorney let go to court but no response, the other insurance company sent me a settlement letter but when I tried to talk to the adjuster about it she told me to disregard the letter it shouldn’t been sent, they’re still investigating.do you think I should try to get another attorney?
Ian Pisarcik says
Vanessa,
Unfortunately, attorneys are busy and insurance investigations move slowly. Nevertheless, your attorney should be able to respond to you within a few days. I would recommend sending your attorney a letter detailing your concerns. If your attorney doesn’t respond adequately to the letter, it may be time to look for a different attorney.
Dawn allen says
From Tennessee
I have a lawyer for a car accident I was in. I wasn’t a driver of either vehicle but was in the back seat of the car that was hit and had to get stitches in my forehead. I had trouble getting the insurance company to even acknowledge me so I hired a lawyer. Small things started being weird to me as soon as I was assigned a paralegal. It took four or five months to get my three medical bills, and I was told at first I wasn’t allowed to get them for her and then four months in, she told me it might be easier if I did because no one would return her calls and then suddenly she got them two days later. Then moving forward my lawyer sent the demand letter and told me they had thirty days to respond. 6 weeks passed and no word from my lawyer, I asked what was going on they said still waiting. I waited two more weeks making it two months and then the paralegal said thirty days was really a jumping off point and they just started calling them to try to rush it after that amount of time. Finally got word on an offer and my lawyer told me it wasn’t smart to take it and wants to go to court but he told me it could take two to three years before it got to a courtroom and I told him I would rather accept the offer, that I could actually really use the settlement money now. His response was that he couldn’t accept the offer in good conscience without trying to get it raised one last time and told me he would make one phone call and try to get it raised but if she wouldn’t raise it that he’d accept the offer in the same phone call. That’s been a month ago now. I asked what was going on three weeks into the month and the paralegal told me that the insurance adjuster won’t answer or return their calls. It’s been another week since then and to me it seems weird that throughout this process seemingly no one returns their calls for a month or months at a time. Is this normal?
Ian Pisarcik says
Dawn,
Litigation is a slow process, but the behavior you described is not normal.
Importantly, an attorney has an ethical duty to accept a settlement offer if the client wants to accept the offer.
I would recommend looking for a new attorney (you can use our free online directory if you don’t know where to start). In addition, you might consider filing a complaint with the Tennessee State Bar.
Esther says
From Missouri
I was involved in a rear ended car accident. Got pretty banged up and spent a couple of days in the hospital. Hired an attorney that visited my home. We went over a few things about the accident. And I signed a contingency letter without reading it, because of my concussion. I never received a copy and keep calling him, but he never at the office and I’m always talking to the paralegal. When asked about him she gives me messages from another attorney that I didn’t hire. And she never calls back to answer questions. It’s only been a couple of weeks, but insurance company giving me the run around about my car that was a total loss. And I need answers. Should I be concerned?
Ian Pisarcik says
Esther,
It’s common for more than one lawyer in a law firm to work on your case. What’s more, two weeks isn’t a long time to wait in the legal world. Nevertheless, I understand your concerns and frustrations and your lawyer should do. If you can’t get your lawyer to return your calls, I would recommend sending the lawyer a letter explaining that you’re concerned about your case and the level of communication and that you would like to meet to discuss the issues and get a status update. If your lawyer doesn’t schedule a meeting, it may be time to look for another lawyer.
K Page says
From North
I have a work comp case. I have only spoken with the paralegal after my initial contact with the attorney. When I have questions that should be answered my attorney he never calls. My fear came true at my mediation hearing, my attorney knew very little about the case. It was obvious he hadn’t even reviewed the documents. The other side try to give a lowball offer and my attorney didn’t speak up or advise me. He has done a very poor job of handling my case. For example he suggested I change my medication to a cheaper generic medication that doesn’t work well so that the settlement would be higher. In the end I refused the lowball offer and the inadequately funded Medical set-aside. I want to fire my attorney but I fear the cost involved in doing so this late stage! But I’m even more afraid to keep him!
Ian Pisarcik says
I’m so sorry your in this situation. When you fire an attorney, the attorney is required to turn over your file to your new attorney. So, with respect to the cost concerns, your new attorney won’t be starting your case from scratch.
introuble says
From New
my lawyer accepter my case with confidence… knowing she was incompetent and adveritzed and gave perception other wise. my case went downhill faster and faster within a month,. she jepordized more sutible options for me and broke confidentialitly. theres so much more…… idk how to procced and and now i being forced to take a plea where there were better options,,, i need help
Ian Pisarcik says
You always have the right to move on from your attorney. Additionally, you might consider filing a complaint with the state bar association. The bar association can help you resolve your grievance and may discipline the attorney.
jack thomas says
From Texas
my lawyer claimed prosecutor wouldn’t return calls to negotiate before court date. isn’t he obligated to make an appointment with prosecutor? it seems like he said oh well prosecutor must be busy?
Ian Pisarcik says
Jack,
Your lawyer is required to act with “reasonable diligence.” If you believe your lawyer is acting improperly, you can file a grievance with the State Bar of Texas. The State Bar of Texas will investigate the issue and help resolve it.
TxCps says
From Texas
My granddaughter is in cps. Care. They hate me because i will not let them get away with anything. I am an intervenor in the case. I have asked my attorney to present evidence that i have complained to the office of consumer relations and he refuses to present this evidence to the judge telling me “it’s a waste of their time”. Can i fire him for ineffective counsel? Can. i get my remaining retainer back?
Ian Pisarcik says
You always have the right to fire your attorney. Whether or not you can get your retainer back depends on the work your attorney has completed and the language in your attorney-client agreement. The Texas State Bar may be able to help you resolve the issue through their grievance process.
Ayers says
From Georgia
Hi, my son and I was involved in a auto accident 3/2020. We hired. Attorney to represent us. Fast forward to 1/2021. Almost a year has gone by. And he claimed we settled in November. But I just received a letter from the other car insurance company that they sent our attorney the settlement check back in October. Can we still fire him for just holding our check. And not letting us know he settled with out notify us.
Ian Pisarcik says
Your attorney has an obligation to tell you about a settlement in a reasonable amount of time. Keep in mind, however, that it often takes a while to receive and deposit a settlement check.
The Georgia State Bar has a Client Assistance Program that can help you resolve issues with your attorney. Firing your attorney at this point probably wouldn’t help much since the case has been resolved. Nevertheless, the Client Assistance Program will discuss your options with you.
Luke says
From New
My lawyer isn’t experienced in criminal defense law to properly represent me. Besides he doesn’t return phone calls and hasn’t done what I want him to do. I paid a retainer and it says no refunds. How do I cancel out agreement and get part of all of the money back?
Ian Pisarcik says
I’m sorry you are having trouble with your attorney.
An attorney-client agreement is a binding contract. However, there may be a way to get back your funds if the attorney behaved improperly. I would recommend contacting the Attorney-Client Fee Dispute Resolution Program established by the New York State Unified Court System. For information about the program, you may call 877-FEES-137 (877-333-7137) or visit http://www.nycourts.gov/admin/feedispute/index.shtml.
K.C.S. says
From Michigan
Hello. Our lawyer terminated the zoom trial before it was over, after being reprimanded in court for interrupting the judge. We missed the end of the proceedings, not to mention the lawyer made us look unprofessional to the court via their actions. This was for a civil case.
We need to terminate. The lawyer filed one file to the court before the pre-trial, a letter of intent. We would like to know if asking for all of our money back is justifiable. Thanks.
Melissa Gold says
Hello, there. Unfortunately, the pandemic has added a lot of new dimensions to legal proceedings that we never dealt with before, not least of which is relying on technology like Zoom to have court proceedings. However, your lawyer still has a duty to properly represent your interests. If you believe that your lawyer is not properly representing you, you are certainly always able to seek a new lawyer. As far as getting money back, your lawyer would be entitled to keep payment for services already provided, depending on your retainer agreement. I think it would be wise for you to review your contract (retainer agreement) and see if there are any provisions that would address this issue.
John says
From Tennessee
Got a question I was involved in a car wreck 2018 a car hit my truck in the rear it was there fault
Been dealing with this law firm almost 3 in a half years my case have change hands about 5 times the lawyers that was handling my case all have got fire or left no Communication with the lawyer don’t no what’s going on with my case we done a mediation on 2021 on a Settlement we verbal agreement on but I have not sign any documents yet it was a zoom meeting is it to late to hire a new lawyer
Melissa Gold says
Hi John. The Tennessee statute of limitations (deadline) for filing a personal injury lawsuit is 1 year from the date of the injury. However, if your law firm filed the case within the year from the injury, and it’s pending in the court system, that should be fine for meeting the requirement. A lawyer has a responsibility to meet filing deadlines, court dates, and keep a client informed about developments in the case. If you believe that your lawyer isn’t meeting their duties, you are always able to seek other counsel. Find a new lawyer, explain the situation, and that lawyer can request a copy of your file from the previous law firm. If you need to look for a new lawyer, you can use the Enjuris law firm directory. Best of luck.
John Watkins says
From California
Hello, i first had a public defender attorney appointed to me by the court when first dealing with a case i was dealing with,
midway through the case i just straight forward said out loud to the judge
” i no longer want this public defender representing me in this case or any other case i may have in the future” Then as i finished saying that a different public defender in the courtroom approached me and said that he would represent me from then on, so i agreed to that and said okay to the new public defender. So a month goes by and the old one shows up for a different case i had to deal with even though i clearly stated on record i did not want him having anything to do with me or any future cases i may have and also had already been assigned a new public defender.
is there any thing i can do about this legally?
Ian Pisarcik says
To fire your public defender, you’ll need to file what is called a “Marsden motion” with the court. I would recommend talking to your attorney about how to file the motion, or talking with the court clerk.
jane doe says
From New
well I’m considering firing my personal injury attorney. I was hurt working on someone’s home fell and got seriously hurt. its now 28 months after the fact and besides initial treatment and surgery at hospital i haven’t been able to get medical care. the titanium plate was supposed to be out 6 months after surgery, now 2 years later its causing me constant pain and discomfort and I’m told by Medicare its not life threating so no surgery. besides doing my own physical therapy and being penny less for over 2 years now im frustrated text go un answered for over a month now. i don’t know what to do I’m at my wits end, 28 months i have been basically in hell, the worse part is there is no end in sight. I understand people are busy, but at what point does that excuse not work anymore? am i not a person suffering? i have lost my career, personal relationships and all of my belongings besides clothes selling them to pay bills. Ill be 29 next month and I’m living with my mother and penniless felling more and more hopeless everyday.
Ian Pisarcik says
I’m sorry you are having trouble with your attorney.
You always have the right to fire your attorney and hire a new attorney. It sounds like that might be the best option here. You can find a new attorney using our free online directory. If you think you may qualify for free legal help, you can contact the New York State Bar.
lovely1 says
From South
If My lawyer is judge can he still represent me or is that a conflict of interest.
Ian Pisarcik says
Certain judges, such as municipal court judges, may be able to represent clients. However, a judge would not be permitted to represent a party in a matter with related litigation over which they preside as judge.
Christina says
From California
I live in the Bay Area. November of last year I retained an attorney for my social security disability claim. I’ve had many problems not receiving calls back on time sensitive information. Today I called and they couldn’t find me as even a client. I would like to fire them without any claim to any settlement I may receive. Is this possible?
Ian Pisarcik says
Whether or not you will owe your attorney money depends on the language of the attorney-client agreement that you signed. With that being said, in the vast majority of cases you cannot fire your attorney without compensating them for the legal services they provided (even if you signed a contingent fee agreement). If you fire your attorney without paying the money owed, the fired attorney will likely place a lien on any settlement/judgment that you receive.
Lisa smith says
From Washington
I have received nothing but complications from my solicitor. She doesn’t return calls or emails. She missed court, a date I wasn’t aware of until the next mention when the judge asked my solicitor why she didn’t attend. She has also accepted offers without my consent. She had not informed me of any offers made from the other party to which i was not made aware till I had to appear in court. I am asking her to withdrawal from my case so I can represent myself as I am unhappy with her representation to which she keeps stating that the registrar and other parties solicitor are happy to negotiate further with her as my lawyer. After numerous texts and emails to withdraw. I can not email the court or solicitors involved till she does this.
Melissa Gold says
Hello, Lisa. It sounds like perhaps you’re outside the U.S.
I’m not familiar with the laws and regulations outside the U.S., but if you’re in the States and unhappy with your legal representation, you can always seek counsel of a different lawyer. A lawyer is required to present the client with any offers or reasonable negotiations from other parties in a lawsuit. Again, if you’re outside the U.S., your situation could be different. But here, you can contact another lawyer for assistance in removing yourself from this person’s counsel — even if you want to represent yourself. Also, check the terms of your retainer agreement or contract because it might have specific terms for terminating the relationship.