When you retain the services of a personal injury lawyer, they work for you. That means you are free to fire your personal injury attorney at almost any point between when you engage their services and when your case is resolved.
While it is important to remember that your attorney serves your needs, it is also worth keeping in mind that changing lawyers can create additional challenges. You should be sure to thoroughly consider your circumstances and options before deciding to let your lawyer go.
Table of Contents
- 1 What Are Some Reasons for Firing My Personal Injury Lawyer?
- 2 What Should I Consider Before Firing My Lawyer?
- 3 Should I Hire a New Attorney Before Firing My Current One?
- 4 What Is the Procedure for Firing My Indiana Personal Injury Attorney?
- 5 Will I Still Need to Pay My Attorney If I Fire Them?
- 6 Contact an Indiana Personal Injury Attorney
What Are Some Reasons for Firing My Personal Injury Lawyer?
You have the right to fire your personal injury attorney for any reason. However, some reasons are more common, including the following:
- Loss of confidence – One of the most frequent motivations for a client letting their attorney go is that they have lost confidence in the lawyer’s ability to handle their case.
- Costs – Some clients feel frustrated about their attorney’s lack of transparency about fee structure.
- Differing visions – If your attorney is pushing you to go to trial when you want to settle, the difference in strategy might be too much to overcome.
- Poor communication – If your lawyer has a poor record of returning phone calls or emails, you may wish to work with a more communicative legal professional.
- Lack of individual attention – Clients who feel they are being treated as just one of many case numbers may want to find an attorney with a more personal approach.
- Unsatisfactory progress – If a significant amount of time has passed and you do not feel you are any closer to a resolution, you have the right to seek a more efficient lawyer.
What Should I Consider Before Firing My Lawyer?
Before deciding to fire your personal injury attorney, carefully weigh these factors:
- How far along is your case? Will changing lawyers cause major delays?
- Can you resolve communication problems through an honest discussion?
- Do you have any financial obligations to your current attorney?
- Do you have a suitable replacement attorney in mind?
- Can a new lawyer quickly get up to speed on your case? Do you have any upcoming deadlines they would need to meet?
- How might changing attorneys affect your case’s result?
Take time to reflect on these points before making your decision. Remember, while you have the right to change attorneys, doing so without careful consideration could potentially harm your case.
Should I Hire a New Attorney Before Firing My Current One?
It is generally wise to have a new lawyer lined up before terminating your current one. Having a new attorney ready to go before you formally fire your previous one offers several benefits, including:
- Continuity of representation – Your new attorney can immediately take over your case.
- Smooth transition – Your new lawyer can assist with the process of transferring your case files.
- Informed decision-making – Consulting with a prospective new attorney can help you decide if changing lawyers is truly necessary.
What Is the Procedure for Firing My Indiana Personal Injury Attorney?
If you have decided it is time to fire your personal injury lawyer, taking the following steps can minimize any negative consequences of your decision.
1. Check Your Contract
When you hired your current attorney, you would’ve signed a contract establishing your attorney-client relationship. This document may require you to follow a specific procedure to terminate the relationship.
2. End the Engagement in Writing
You can terminate your working relationship with your attorney by writing them a letter notifying them that they have been fired. Be sure to request that all case files be transferred to you or your new lawyer.
3. Notify the Court
If your case has reached the stage of actual litigation, you should notify the court hearing it that you have changed counsel as soon as you can after sending the termination letter to your former attorney. Your new lawyer can do this by filing a motion for substitution of counsel.
Will I Still Need to Pay My Attorney If I Fire Them?
Even if you fire your attorney, you may still be responsible for certain fees, such as:
- Hourly fees – If your attorney charges by the hour, you will likely need to pay for the time they have already spent on your case
- Expenses – You may be responsible for costs your attorney has incurred, such as filing or expert witness fees.
- Contingency fee agreements – If your case settles after you have fired your first attorney, that lawyer may be entitled to a portion of the settlement based on the work they’ve done.
Review your fee agreement carefully to make sure you understand your financial obligations. Your new attorney can help you handle any fee disputes with your former lawyer and fight for a fair resolution.
Contact an Indiana Personal Injury Attorney
For many personal injury victims, firing their attorney is a stressful decision. However, if the relationship is not working for you, making the change can be worth the challenge. When seeking a new legal representative, you should find someone who is experienced, communicative, and effective. You deserve a lawyer who puts your interests first and tailors their strategy to your specific needs.
At Truitt Law Offices, our personal injury attorneys have been supporting injured Hoosiers for over 40 years. Our team has secured millions of dollars for our deserving clients, who say we keep “close contact” and are “very knowledgeable in what issues to look for and what the next steps should be.”
We will listen attentively to your story so we can understand how your injury has affected your physical and mental health as well as your finances. Our goal is to recover the full and fair compensation you need to get back on your feet after a serious accident, and we won’t charge you a fee unless we succeed.
Are you thinking about making a change in your legal representation? Then let us help you chart your path toward a brighter future. Contact Truitt Law Offices today for a free consultation with an Indiana personal injury attorney, and let’s discuss your situation in detail.
