How to Fire Your Personal Injury Attorney

When Should You Replace Your Attorney?

To decide whether you should replace your attorney, you should evaluate the trust you have in their abilities and whether they are effectively handling your case. Personal injury lawsuits can be stressful, so your attorney must keep you informed and focused on recovery.

What Are Common Reasons to Fire a Personal Injury Attorney?

To identify valid reasons to fire your lawyer, you should look for:

1. Communication Problems: Consistently lacking updates, ignoring your calls, or avoiding important details.
2. Lack of Competence: Disorganized work, overlooking key facts, or engaging in unethical behavior that jeopardizes your case.
3. Excessive Fees: Impractical billing or a fee structure that adds financial stress, especially if you cannot keep up with costs.

Is There a Best Time to Fire Your Lawyer?

To choose the best time to fire your lawyer, you should make the decision as early in the case as possible. This gives your new attorney ample opportunity to gather details and build trust. Even if you are close to trial, you still have the option to change representation.

How Do You Officially Fire Your Attorney?

To formally fire your attorney, you should:

1. Review Your Contract: Look for any termination clauses.
2. Send Written Notice: Draft a letter stating you are ending the professional relationship.
3. Request File Transfer: Ask that all documents be forwarded to your new attorney.
4. Notify the Court: If you have an active case, you may need to file a substitution of attorney and inform opposing counsel.

Does Firing an Attorney Affect Fees?

To understand how fees are affected when firing your attorney, you should review your original agreement. In most contingency cases, one fee is shared between both lawyers based on their contributions. If you paid a nonrefundable retainer, you likely cannot recover it. Verify all details in your contract.

How Do You Transfer Your Case to a New Lawyer?

To transfer your case to a new lawyer, you should consult both firms to coordinate the exchange of files and details. Your new attorney may contact your former attorney directly, but you should offer any necessary paperwork to facilitate a seamless transition.

Where Can You Get a Second Opinion?

To obtain a second opinion, you should reach out to another law firm with experience in California personal injury cases. Our team at Avian Law Group can assess your situation and help you decide the best course of action for your case.