The most common reason given by people who fire their attorneys is a lack of communication. Often, clients don’t seem to realize their case isn’t the only one their attorney is handling and get very impatient. Still, any good lawyer will provide a timely response to their clients’ questions and give an explanation for a perceived drop in attention.
The attorney retainer may have provisions in it for compensation of time in the event of a termination. There are laws governing how these work. Your lawyer may have contingency fees based on time invested or on winning your case. You should have your new attorney review the contract you had with your old attorney to make sure everyone understands where your old attorney’s fees are coming from. Bear in mind that after medical bills and 2 attorney fees your overall compensation could be significantly less than expected.
Formal termination of services notice is required. A certified return receipt letter is recommended. You can do this on your own or have your new attorney handle it. In either case, the letter should request that all work on your case stop and that your case files be turned over to your new attorney or to you. If you want your new attorney to receive your files, be sure to provide his contact information.
The court will need to be notified of your change of attorneys so your new one receives all future communication from the court. It is customary for the new attorney to file a notice with the court advising them of the change in your representation.
Occasionally, there are loose ends and legal motions in progress that need to be handed off. Ask your attorney what needs to be considered and how to best facilitate the transfer.
If your goal is to get an attorney you think will better represent you, then changing attorneys won’t hurt your case. It may, however, cause delays since your new attorney will need time to get familiar with your case. This will also cost you money. If there’s a rapidly approaching hearing on the docket or a deadline for responding to interrogatories, it’s probably not good timing to get another attorney on board. At least wait until there’s a lull in the action.
As for perceptions, as long as you’re not routinely changing attorneys the court will not look upon your decision negatively. However, if you repeatedly fire and hire attorneys, it definitely reflects poorly on you. Before you fire your current attorney, make sure the one you’re hiring is on board with your expectations and be willing to stick with your decision.
If you’re considering firing your attorney, it’s important to take a critical look at the state of your case and determine if your attorney is dropping the ball or if your expectations are unreasonable–and unlikely to be met by a different attorney. In many cases, problems clients have with their attorneys can be ironed out with a frank discussion. In other cases, it’s best to look for an attorney you believe will do a better job for you.
Before it gets to the point where you’re taking steps to fire your attorney, consider having a tough conversation with your attorney. If he/she knows why you are considering leaving, they may change how they handle your case.
It's best to keep it simple and to the point. For instance:
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