Cohen & Sinowski
Cohen & Sinowski

Can I Fire My Personal Injury Attorney?

  • Published: September 20, 2022

Lady justice is blind

We often get asked by potential clients: Can I Fire My Personal Injury Attorney? Many people who hire attorneys to handle their personal injury cases are surprised to learn that lawyers can also be fired. Although there is no universal requirement for a client to keep an attorney on board, most clients do so out of convenience and because they have no idea that this is even an option. If you have been looking for ways to improve your relationship with your attorney or simply want more control over your case, here are some key things you should know about firing your lawyer:

You can fire your personal injury attorney at any time.

First, you can fire your personal injury attorney at any time. If you’re unhappy with their services or want to switch to another attorney for any reason, you have the right to terminate the relationship at any time.

You don’t need a reason to fire him or her.

You don’t need a reason to fire him or her. You can terminate your attorney for no reason at all. If you’re not happy with his or her work and he or she isn’t doing what you asked them to do, then let them know that you’re unhappy. They might be able to fix the problem. But if they won’t listen and make changes, then it may be time to find another attorney who will meet your needs better than this one does.

Reasons to fire your personal injury attorney

If you are not satisfied with your attorney, it may be time to fire him or her. If you feel that your attorney is not working hard enough for you, then firing them could be the best solution for both of you. You want an attorney who will do whatever it takes to win your case and get the results that you deserve.

Firing an attorney can also be beneficial if these things happen:

  • Your lawyer does not return phone calls or emails in a timely manner;
  • Your lawyer does not communicate with his/her clients throughout the entire case;
  • He/she has failed to keep up with the progress of his client’s case;
  • He/she has failed to adequately investigate the facts surrounding their client’s case before moving forward with litigation;

If your attorney has already filed your case, and you hire another attorney, you may have to pay fees to both attorneys.

If your attorney has already filed your case, and you hire another attorney, you may have to pay fees to both attorneys. This is called “losing rights.” In other words, if you change attorneys at this point in the process, it could cost more money than it would have if the first one had done everything right.

If you owe legal fees to your current lawyer, or are on a contingency fee agreement with your lawyer, and you should receive a recovery in your case, it is likely that your lawyer will have the right to file a lien against any such recovery. Ask your current lawyer how you can compensate them for their time on the case and whether they intend to file a lien. You should also ask your prospective lawyer about his or her thoughts on the fees owed to the lawyer you are replacing. It is a relatively small legal community, even in Metro-Atlanta. Most fee issues can be resolved between the lawyers. However, you do want to make sure you and your lawyer have a plan for how you’ll work together, and that you don’t overpay for legal services.

Speak to your prospective new lawyer about transition

  • Speak to your new lawyer about transition. The more detail you can provide, the better.
  • Make sure you have all of the information and documents that your old lawyer has on file for you, as well as copies of any important paperwork. These include:
  • Your medical records
  • A copy of your medical bills (or a summary from an insurance company)
  • The police report or incident report that was filed by the police officer who investigated what happened at the time of your accident/injury, if one was made
  • Be sure that you understand any deadlines associated with filing claims in court. If there is a deadline—and there often is—your new lawyer will need time to investigate whether or not it’s possible for them to get extensions on these matters for you in order to give yourself enough time before any deadline passes without having filed anything yet.

Partners

As you can see, there are many reasons why you may want to fire your attorney. However, be sure to consult with a new lawyer before making any decisions regarding your case.

Cohen & Sinowski

The personal injury attorneys of Cohen & Sinowski are
dedicated to helping clients in the Metro Atlanta area.
Call Us Today! (404) 383-8835

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