Can You Fire Your Car Accident Lawyer?
Some clients are no longer happy with the services of the car accident lawyer. Others think that there has been little progress with their car accident case. When the lawyer’s services are no longer desirable, clients can terminate them and hire a new one.
Your Right To Change Lawyers Under Personal Injury Law
You have the right to fire your attorney at any time. According to the Michigan Rules of Professional Conduct, a lawyer cannot withdraw from representing a client for no reason at all. On the other hand, a client can discharge their lawyer at any time, with or without cause.
Changing attorneys is part and parcel of a fair and legal justice system of the United States. Without the right to change lawyers, clients are at the mercy of their attorneys. If the attorney is inept, clients are left without a choice. They have to stick with their lawyers until the end of the case.
If you feel that your rights are not properly protected, know that you can fire your attorney anytime. It is your right to find a lawyer with whom you can trust your personal injury case.
What Happens When a Client Decide To End Their Relationship With Their Personal Injury Lawyer
Ending your relationship with your personal injury attorney means you already lose your trust in your lawyer. One reason for hiring a car accident lawyer is to help you recover compensation. Your lawyer should get you an acceptable settlement offer in car accident claims. When you terminate the lawyer’s services, they can no longer represent you in your legal battle.
Since this is a crucial decision, carefully evaluate the situation before ending your relationship with your injury lawyer. Discuss your issues with your current attorney so that the matters of concern will be addressed. After communicating the matter and the lawyer does not address the issue, then you can take appropriate action.
Reasons To Fire a Personal Injury Attorney
There could be many reasons to fire your lawyer. Some of them include the following:
Lack Of Communication
To have a successful case, the client and the lawyer should be able to communicate properly. Unfortunately, one of the main complaints of clients who fired their personal injury lawyer is the failure of the attorney to return their phone calls.
There could be many reasons for not returning a call; some are valid, while others are simply because the lawyer does not want to call back the client. If your attorney is unresponsive despite your repeated attempts to communicate, it may be the proper time to change your attorney.
Lack Of Confidence In The Ability Of The Injury Attorney
Your car accident lawyer should be competent. This means they should have the legal knowledge and skills needed for legal representation of a client.
If you think that your lawyer is not competent, seek a second opinion. This will determine if what you feel about your lawyer’s competency has a basis or not. If you think your lawyer cannot effectively represent you after seeking others’ opinions, then it may be time to terminate your relationship with your attorney.
Conflict And Disagreement
There may be times when the lawyer’s view conflicts with the client. For example, the client may want to accept the settlement offer, but the lawyer insists otherwise. To have a successful case, you and your lawyer should agree on the strategies and important case issues.
Is There Any Risk To Firing My Current Attorney?
In personal injury cases, lawyers are usually hired on a contingency basis. The lawyer’s fee will be paid at the end of the case. The fee will be based on a certain percentage of the proceeds of settlement or the verdict.
Just to be sure, review the contract that you signed when you hired the injury attorney. While switching attorneys is allowed by the law, it does not necessarily mean there are no legal consequences for doing so.
What Is An Attorney’s Lien, And Why Should You Pay An Outstanding Attorney’s Fee?
If legal fees have to be paid, an attorney can hold on to your case files until such payment is made. This is called an attorney’s lien.
Carefully read the terms of your agreement before deciding to end your relationship with your attorney. Pay your balance with the car accident lawyer before contract termination, if any. The attorney has the right to file a small claims action against you for the payment of the balance.
Usually, personal injury lawyers are paid on a contingency basis. Therefore, attorney fees will only be paid when the case is terminated. If you decide to get a new lawyer, the previous one will be paid in proportion to what the said lawyer had done.
What To Do Before You Fire Your Current Legal Counsel
Terminating the car accident lawyer involves hiring a replacement to take over your case. That is why it is best first to evaluate whether it is proper and timely to change attorneys.
Find out if your reasons are valid. You may want to speak with someone you trust with regard to the possible consequences of your actions. Seek out other lawyers’ opinions, but not necessarily from the new counsel of your choice.
If your reasons are valid, seek another lawyer to handle your case.
Steps To Fire Your Attorney
If you are ready to fire your attorney, here are some things that you can take in order to prevent some issues that could come afterward: