Can I Fire My Lawyer After There Has Been a Lawsuit Filed?

By the time an injury victim file a lawsuit, they’ve invested considerable time and effort into the legal process. This includes back-and-forth negotiations with the defendant’s insurance company, which can take months, maybe one or more years, even if you have a seasoned attorney that’s representing you.

However, the problem is even worse if you have a lawyer that you don’t see eye to eye with. This can be due to many reasons, including personality differences that may not be such a big deal when all is said and done. But what if you’re convinced that there are serious problems in your case, like incompetence or lack of action by your attorney, perhaps because they are unable to manage their case load? Alternatively, it may seem like your law firm is pressuring you into something you don’t agree with, like accepting a settlement that doesn’t seem high enough.

First, let us assure you that you are not stuck with a lawyer who isn’t looking out for your best interests. Right now, you are probably wondering if it’s too late to fire your lawyer, since you’ve already filed a lawsuit. Whether you’ve just filed a lawsuit or finished a mediation that was unsuccessful, you have the right to start fresh with a new law firm.

So, that’s the good news. Of course, just because you can fire your attorney doesn’t mean that you should do so immediately. This is a big decision that will have certain implications on your lawsuit, and you should be fully aware of these issues before you take that final step.

Our attorneys are here to help with a free second opinion on your accident injury claim. We can verify if there are problems in your case that can be resolved by finding new representation. Then, we will go over the process in detail and help you decide if this is the best course of action. To schedule a second opinion consultation with the lawyers of Normandie, contact us today.

Our Recent Verdicts and Settlements

Common Reasons to Fire an Attorney

If you were to ask the clients that have transferred to us from other law firms, lack of communication is probably the number one reason they fired their old attorney. This is quite common, especially at bigger law firms with many locations in various states. But it could also be a sign that your lawyer is disorganized or unable to handle the complexities of your lawsuit.

Another common reason is disagreements over key issues in their case. Often, this has to do with the settlement process and the strategies for achieving the best results. Maybe your lawyer is pushing you to take your case to trial when you are eager to accept a settlement. Or, it’s the other way around, where you believe that asking for a trial is in your best interest.

Of course, it’s possible that your lawyer is correct in their assessment, whether you agree with them or not. But how can you tell if you are receiving the best possible advice regarding your rights and legal options? A free second opinion is the best way to decide if it’s time for a change, especially when you’ve already filed a lawsuit. Our goal is to review the work that’s been done on your case and help you identify any issues that need to be addressed. Firing your lawyer may be the right choice, but it’s important that you make an informed choice with guidance from an experienced personal injury attorney.

What is the Best Way to Fire my Lawyer?

As with all important decisions in your life, there is a right and wrong way to go about the process of firing an attorney. The specific steps may differ somewhat depending on who you ask, but here are the procedures we recommend:

• Read over your contract, especially the termination clause. That section may have specific rules on how you can fire your attorney, i.e., how to give notice and request your case file once the termination is effective.
• Find a new lawyer. With a lawsuit in place, the last thing you want is to be without an attorney for any amount of time. To make sure there are no gaps in legal representation, make sure to hire a new attorney before you fire the old one.
• Draft a termination letter. If you would rather fire your attorney before finding a new one, make sure to do it in writing. You can send this letter via email if you are able to request a read receipt, or use a certified mail service so that you have proof of delivery. Make sure to ask for your case file, which your new lawyer will need in order to take over your case.

Keep in mind that if you find a new lawyer first, they should take care of the transfer process on your behalf. Here at Normandie Law Firm, we will make all the necessary arrangements with your lawyer, including a request to have the case file sent directly to us. In addition, we will notify the court that you have changed lawyers and take care of all the necessary paperwork.

What if I Owe them Money? Can They Force Me to Stay?

Normally, owing money to your lawyer isn’t something you have to worry about with a personal injury case. Payment should be based on a contingency fee structure, in which a portion of your settlement check goes towards attorney’s fees. But there may be cases where a client pays upfront for certain services, including cash advances against the projected value of your settlement (pre-settlement loans), which are allowed in California.

Terms for paying outstanding balances should be specified in the contract you signed with your current law firm. However, it is your legal right to discharge your lawyer at any time, no matter the issues that remain between the two of you. Having said that, it’s possible that your law firm will make it difficult for you to leave them, and this can be done through a variety of tactics. The most common tactic involves holding on to a client’s case file and demanding that they pay the outstanding balance in order for the file to be released. Alternatively, they may charge an excessive fee for the processing and mailing of the file, knowing that the client is unable to afford these additional costs.

Such behavior is illegal, as your case file is your property, which must be handed over to you upon request. But it can still be a long and arduous road to holding your law firm accountable and obtaining the information you are owed. This is another reason that clients are encouraged to hire a new lawyer before they fire the current attorney. That way, your new law firm can take care of the transfer process on your behalf, which is much more effective than trying to do this yourself.

Speak to an Experienced Personal Injury Lawyer

There are many ups and downs that you will experience as someone that’s been hurt by another party’s negligence. Your monetary losses, the ordeal of recovering from your injuries and navigating the claims process can be extremely challenging, even under the best of circumstances. That’s why you need an experienced lawyer by your side, who can invest the time and attention you deserve. That’s exactly what we can provide you with at Normandie Law Firm.

Our law firm offers a Zero Fee Guarantee, so that you don’t have to worry about legal fees for the entire duration of your case. Recovering your settlement is the only way we get paid for our services. That’s our promise to you, no matter how much effort and time we invest in your case.

If you’re ready to learn more about the process of changing lawyers after a lawsuit is filed, call us right away to schedule a free second opinion.