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When and How Do I Fire My Lawyer?
When
a client loses faith or trust in his attorney the client may
consider firing his lawyer. However, before jumping to the immediate
conclusion that it is time to end the relationship, you should
consider several factors. First, you must carefully examine
the reasons you are unhappy with your attorney. Keeping a lawyer
with the highest level of competence in the area of practice
which involves your case should be your number one priority.
If you get mad at your attorney for failing to return phone
calls or failing to keep you properly apprised of the status
of your case, you should discuss your feelings with your attorney
before summarily dismissing him. Virtually all lawyers work
on many cases at one time. Your lawyer might be tied up in
a trial, deposition or out of town on another case. If he
has not returned your phone calls, there may be a good reason.
Leave a message with his secretary or paralegal. Often, the
secretary or paralegal can give you an update on the status
of your case.
E-mail is a great way of communicating with your attorney.
If he cannot immediately return your phone call, most lawyers
can quickly send an e-mail to let you know about his situation
and when he can more fully respond. Failing to communicate
with clients is one of the biggest complaints clients make
to lawyers, especially personal injury lawyers. However, if
your lawyer is otherwise very competent, it is worth while
to discuss your concerns with him and devise solutions for
future updates.
Clients discuss their cases with friends, family and other
lawyers they may meet during their case. If you get advice
from another lawyer or friend advising you to fire your existing
attorney and hire a new one, beware! The advice you get from
these sources is based upon information you provide to them
which may not accurately set forth the particular legal issues
and ramifications of the facts involved in your case. All
too often, a client fires his attorney only to have his "new"
attorney reject his case or try to get rid of it quickly once
he reviews the legal pleadings, motions, depositions and records
of the case. A legal case is filled with many significant
legal subtle points which clients may not fully appreciate.
Moreover, most states have specific rules of ethics which
prohibit an attorney from soliciting a client he knows to
be represented by another attorney. If the "new"
attorney is willing to commit an unethical act to get your
case, he may also be willing to commit an unethical act against
his client.
Another fact to keep in mind is that the lawyer you fire
will likely have a lien or claim against the case to recover
the fair and reasonable value of the time he spent on the
case. This lien may take the form of a percentage of the fee
or an hourly rate for the documented hours spent on the case.
Your "new" lawyer may not be willing to expend the
time and money necessary to properly handle your case if he
must give up a large fee to your previous lawyer. Or, your
"new" lawyer may attempt to charge you a higher
fee to account for the fee he must give to the prior lawyer.
Some lawyer contracts make the client responsible for the
costs involved in the case. Be prepared in those instances
to pay your lawyer's costs when you terminate his representation.
If you do decide to fire your lawyer, you should do so in
writing. Your letter should set forth and document any conduct
or reasons supporting your decision. It should also give instruction
as to where he needs to send your file. Keep in mind that
some states do not require the attorney to turn over his "work
product" or mental impressions or theories of the case.
Do not threaten your lawyer with legal action or a reporting
to the bar association. This will only strengthen his resolve
to intervene into your case and recover the entirety of his
fee. Do not send a carbon copy of your termination letter
to the local bar association unless his conduct has been illegal
or clearly unethical.
If you treat the unpleasant task of terminating you lawyer's
services professionally, chances are that he will respond
in a professional and courteous manner. After all, good lawyers
value their reputations very much. Most attorneys respect
that legitimate differences of opinion or strategy may mean
that the relationship must end. However, the best lawyers
want only what is in the client's best interest. If it becomes
apparent that the client is better served by another lawyer,
then he should be happy to relinquish the case for the good
of the client.
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