There are many reasons why you may fire your lawyer. This could be because the lawyer has failed to communicate or simply you don’t agree with his strategies. Also, you may have the feeling that your lawyer is acting unprofessionally towards your case. If you’re not happy with the services provided by your lawyer, you have the right to have a written document with reasons why you’re doing so. Keep in mind that if you do it unethically, your lawyer may have the basis to intervene in your case and recover whatever amount remained for his/her services. If you act professionally when terminating your lawyer for the services rendered, the lawyer will also be forced to act professionally and in a considerate manner. After all, lawyers value their reputations very much, and they understand that legitimate differences of opinion may mean an end to a legal relationship. However, if you want to end the relationship with your lawyer, you must consider some things.
Factors to Consider Before Firing a Lawyer
Looking for top legal malpractice lawyers would really help you to determine whether you need to fire your lawyer. They will tell you that even if you’re free to hire your lawyer; in most cases, it may be severe. For example, if you have appointed a legal guardian, it is more likely that you will be unable to fire that lawyer without the guardian’s consent. Again, if your case is still pending, you need to the court’s permission to change or fire your lawyer.
No communication: If you’re not happy with your lawyer because he/she is not communicating the progress of your case, the best thing is to talk it over with them. Practically, lawyers are very busy since they handle many cases at once. Your lawyer may be held up and in a trial, which is a good reason for not communicating. Your lawyer should tell you the reasons for making them delay to respond. This is because failure to communicate is one of the major complaints that clients make to their lawyers. If the lawyer is not ready to communicate, you can talk to a legal malpractice lawyer who can give free advice on what to do.
Potential consequences: You lawyer may have failed to file your case within the stipulated deadline. Missing deadlines always have hefty effects that could make you lose the right to appeal or even representing your case.
Unreasonable billing practices: Most of the lawyer will work on a contingency basis, of which you will have signed a contract before the lawyer offers you the legal representation. There may be other additional expenses that can arise as the case proceeds and this may not be known upfront. However, the lawyer should give you reasonable costs. For instance, a lawyer shouldn’t come with a huge price tag to deliver a letter to the defendant. He/she should not add hefty surcharge fees to such tasks.
Misconduct: Though a lawyer is supposed to behave ethically, some act unethically. For instance, a lawyer may mishandle your funds, break your confidentiality, have a conflict of interest or even force you to do something illegal concerning your case. In such a case, you may decide to terminate them.
Can I Reconsider My Lawyer’s Termination?
Before deciding to fire your lawyer, you can consider whether your bases are likely to be changed after hiring another lawyer. Sometimes having a professional conversation with your lawyer may change everything. Keep in mind that this is also a business and the lawyer wants the best for you to get the best reviews for future referrals. It is good to keep in mind that the lawyer you’re firing will mostly have a claim against your case because he/she has spent a reasonable time to deal with your case. You may be required to pay a certain amount of money for hours spent on your case. In such instances, be prepared and decide whether to reconsider the termination.
Hiring another Lawyer
Malpractice can be intentional or sometimes an accident. If you feel your lawyer has harmed you, you may appoint another lawyer. But, after deciding to terminate your lawyer, you must follow some steps to ensure all goes well. You should have a written agreement with details regarding the termination. Make sure to have what it takes when hiring your second attorney to ensure the same precarious case doesn’t repeat itself. Make arrangements on how the new lawyer will get the details about your case from the former lawyer. This sometimes is not possible in some jurisdictions as a lawyer is not supposed to turn over the work product for the client’s case, which also included his/her mental impressions. When terminating your lawyer, make sure to get the right information since this could affect facts involving your case.
