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If you are dissatisfied with the lawyer representing you in a personal injury claim, you can fire them. While you have the right to replace your lawyer with a different one for any reason, you should know what happens if you fire your personal injury lawyer. If you do, they could still be entitled to a portion of the damages you recover even if another personal injury lawyer negotiates a settlement or wins a verdict for you.
When you hire another attorney to represent you, they will also work on a contingency fee basis like your first lawyer. They can help you navigate the way your resulting compensation could be tagged by your previous attorney. They might also be able to help you negotiate a settlement in lieu of an attorney lien against your financial recovery.
Key Factors to Consider Before Firing Your Personal Injury Lawyer
Changing attorneys at any point during your personal injury claim is a significant move and should be given serious consideration. Before taking this step, have a frank and honest conversation with your lawyer to see if you can work out your differences, resolve your conflict, and keep working together to settle your claim.
Some commonly reported reasons a personal injury lawyer might be fired include:
- Dishonesty in some way during representation
- An inexplicable change in your contingency fee agreement
- The lawyer is not handling your case correctly
- Lack of communication between lawyer and client
- Lack of progress or movement on your claim
- You have a mutual lack of respect
If your confidence was betrayed, or you experienced any other violation of the attorney/client privilege, this violation could prompt you to want a change. You should carefully consider how your potential settlement and an attachment or lien could impact your new attorney’s compensation.
Discuss Reasons for Firing Your Original Lawyer with Your New Attorney
While you can handle your case alone (this is called pro se representation), you could also hire another personal injury lawyer to represent you going forward. Because much of the work on your case may be done at this point, your initial lawyer will likely demand some form of compensation. Talk to your new lawyer about:
- Why your original attorney/client relationship fell apart. This conversation can help you avoid a similar situation with the new lawyer. They will listen to your version of events and provide an objective point of view on your options.
- What claim your previous lawyer has on your settlement. If your lawyer has a valid claim for your future compensation, your new lawyer needs to know that. If the reason you are firing them is because of a professional breach, you may not owe them any compensation.
In some cases, you might have a valid claim against your lawyer for professional misconduct. However, do not make this determination on your own, and do not disregard your original lawyer’s right to compensation for the legal services provided in your case. G.S. § 44-49 through § 44-51 describes the attorney lien process, including valid reasons and how the lien can be resolved. Your current lawyer can clarify your legal options.
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The Legal Implications of Firing Your Personal Injury Attorney
The decision to fire your lawyer requires you to do more than just stop communicating with or responding to your lawyer. In addition, you signed a fee agreement with your original lawyer and steps are required to sever that agreement.
Examine your existing contract in detail or have a new attorney do so for you. Identify any steps it outlines for ending the relationship and adhere to it as much as possible.
Explore Any Available Options for Reconciliation with Your Existing Lawyer
Make all appropriate notifications to all appropriate parties about your decision. You could be required to inform:
- Your original attorney
- The appropriate court
Your original lawyer might take some of these actions, including filing a motion to withdraw as your attorney of record. Respond to any correspondence from them or the court or have your new lawyer do so on your behalf.
Potential Benefits of Switching Lawyers in Your Personal Injury Claim
When you hire a new lawyer, they can bring a fresh perspective to your injury claim. They will not start over from scratch but might conduct their own investigation into your claim and uncover new, potentially helpful, information.
Ask your lawyer questions to understand how the two of you might work together, such as:
- What is my case worth?
- Have you handled cases like mine before?
- Do you provide regular updates?
- How would you update me on the progress of my case?
- What is your fee structure?
- How much does it cost to hire you for my case?
A new lawyer can also be an improvement to your professional relationship in the following ways:
- You could retain a new lawyer who shares your zeal for your case and similar communication styles
- You could retain a new lawyer who provides updates as your case progresses and develops so you are always up to date
The lawyer you choose can make a significant difference in how your personal injury claim is managed. Be careful to thoroughly vet a new lawyer to avoid another lawyer/client relationship that does not work in your favor.
Learn More About Your Right to Fire Your Personal Injury Lawyer
If you are seeking compensation with a personal injury insurance claim or lawsuit, and are having concerns about the lawyer representing you, we can help you understand your options for new legal representation.
Learn more about what happens if you fire your lawyer but want to keep fighting for compensation. Contact our consultation team at Farmer & Morris Law, PLLC to receive a free, no-obligation consultation today.
