The relationship between lawyer and client is of a professional nature and, ultimately, favorable to both parties. The client always has the right to fire his lawyer, especially if he feels that he is not acting in his best interest. However, before doing so, it is necessary to carefully consider the costs and time needed to find a new lawyer. For more information on how to make the decision to change lawyer by firing the one hired, read the following article.
Note: In the third part, the article refers to the US legal system
Steps
Part 1 of 3: Deciding to Fire the Lawyer
Step 1. Decide by thinking carefully
A client is allowed to fire their lawyer whenever they want, but it is not a decision that should be made lightly. Even if you don't like it or think he's not doing a great job, it might be worth getting him to finish his current job, since his dismissal could have a disruptive and damaging effect on your lawsuit. When making this decision, make sure you get the results you want in the long run by firing him.
- If the lawyer has already devoted a lot of time to your case, it will be difficult for another to pick up where the first left off. It may be difficult to find a new lawyer interested in accepting the position. This circumstance occurs particularly when the dispute to be resolved poses major constraints. Unless the new lawyer plans to earn a lot of money, he won't have much incentive to take you as his client.
- Additionally, other lawyers may be reluctant to take your defense if they see you as a "problem client". It will not be a problem if there is a good reason behind the dismissal - which, for example, may be due to a mistake made by the lawyer - but if you fire him just because you do not like him for his character, he may have difficulty finding a another lawyer willing to accept you as a client.
- Another thing to consider is that, depending on the dispute and the contract you have entered into, you may still be bound to pay him the fee. The longer he has worked on solving your problems, the higher his pay will be. If you hire a new lawyer, you will also be forced to pay a new fee. Therefore, changing the defender due to an existing suit can be very costly. However, if you have a very good chance of winning, it might be worth it.
Step 2. Evaluate the reasons for the change
While firing a lawyer can complicate matters, it is sometimes the best decision to make. If you feel that he is not dealing with your cause competently, it is important to find someone to feel more comfortable with in this regard. Releasing him from his post may be the best way forward if any of the following occurs in your situation:
- The lawyer was dishonest with you. If you have reason to believe that he has robbed you or that he is sloppy and incompetent, you need to fire him.
- The lawyer has stopped communicating with you. This situation can easily be remedied, but if he has stopped answering calls and emails, you will need to find another lawyer to represent you.
- You are worried that the lawyer is not doing a good job. It may be difficult to determine that he is doing his job competently. Before removing him from office, it is worth investigating a bit to see if his work seems valid. If not, you need to unplug.
- You don't like your lawyer's character at all. It's not ideal to fire him during a personality conflict, so it's best to do what you can to make it work. You don't necessarily have to like him - especially if he's doing a great job on your cause. But if you simply can't partner with him and don't want to have him in your life anymore, it's best to hire someone you can trust.
Step 3. Get a second opinion
If you are unsure whether firing your lawyer is the right thing to do, seek the advice of another lawyer or someone with expertise in legal matters. Do some research to find out if he handled your problem professionally. If you realize that he does not seem to understand your situation properly and that his decisions have had harmful rather than useful results, it is appropriate to remove him from his position.
- Calling another lawyer for a second opinion is usually not that expensive, as it only takes a few hours. It may be worth paying to figure out if you need to fire your lawyer.
- If you don't want to worry when hiring a second lawyer, consider doing some research in this area. Go to the legal library in your area and study the details of the legal action that concerns you. By having a better understanding of your legal situation, you will be able to understand if the lawyer is doing a good job.
Step 4. Tell him your concerns
It's in his best interest to make you happy and ultimately win the case, so before you decide to fire him, try to settle the matter with him. Schedule an in-person meeting or phone call and talk to him about concerns you have about the way things are going. Alternatively, you could write a formal letter in which you report any specific concerns and state the changes you want to make. After all, you may find that there is no need to take too drastic measures.
- If your lawyer has been uncommunicative or has not devoted enough time to your problem, in this case he still has the opportunity to show himself up to the situation. Ideally, you shouldn't have pressured him to make things better, but ultimately, this behavior is always less disastrous than a layoff.
- Before deciding to permanently relieve him of his post, did you explore other options for resolving conflicts? Consider seeking arbitration to resolve the dispute between you and your attorney.
- If after exposing your concerns you are still not satisfied, you can always fire him.
Part 2 of 3: Firing the Lawyer
Step 1. Read the agreement signed by both of you
Read carefully any agreements made on compensation related to services or any documents that you may have signed together. Make sure you understand the fees you are required to pay and what steps you may have agreed to take in order to terminate your attorney-client relationship early.
Most contracts detail a number of steps that should be taken to end the relationship. In addition to paying the agreed fee, you must officially notify your lawyer that your bond is dissolved
Step 2. Hire a new lawyer
Before officially firing the old lawyer, it's a good idea to hire a new one - especially if the lawsuit is still pending. The new lawyer will need time to recover and ensure a smooth transition. Spending a period of time without a lawyer working on your case could be harmful.
Hiring a new lawyer before officially firing the old one will also be useful if you are not sure how to manage the termination of the contract. The new attorney can help you settle things professionally, especially if you decide to sue the old attorney for malpractice
Step 3. Inform the lawyer that you are terminating your contract early
Do it according to the procedure described in the contract. If no withdrawal process or termination clause is expressed within, send a registered letter to your firm, stating that you are terminating your relationship and should immediately cease working on all matters relating to any pending legal action that concern you.
- If you prefer, you can fire him over the phone or even in person. However, it is best to write it on paper to make the communication official.
- There is no need to state the reasons that prompted you to relieve him of his position, unless you feel compelled to do so.
- If possible, request reimbursement of any fees paid in advance for services not yet fulfilled. Also request a detailed billing of expenses made and review it to check for any discrepancies.
Step 4. Get a copy of the documents that belong to you
You have the right to have a copy of the documents relating to pending legal actions. Ask for them in your severance letter, specifying where they should be sent. Set a deadline for their delivery. If you feel more comfortable having them in person, indicate the date and time you will go to collect them.
- You can also request that all documents be transferred to the new lawyer and set a deadline by which the delivery must be completed.
- It is illegal for the lawyer to try to withhold your documents or request payment for the delivery of copies.
Part 3 of 3: Call for Legal Action Against the Lawyer
Step 1. Consider filing a complaint
If the lawyer has not taken care of your case, if he has completely interrupted all communication with you or if he has made a serious mistake, it is advisable to file a complaint with the body that oversees the legal practice in your state. This provision will initiate a process in which the lawyer's work will be examined by a disciplinary commission. If the complaint is valid, it is likely that the lawyer will have to appear at the hearing. Depending on the nature of the dispute, the lawyer may have a fine or even a revocation of the permission to practice law.
- The procedure for filing a complaint differs from state to state. Contact the professional association of lawyers in your state or the disciplinary council to find out more about the process you need to undertake.
- If your goal is to receive compensation for damages as a result of your lawyer mishandling your lawsuit, you should sue him for professional negligence instead of filing a claim.
Step 2. Consider suing him for malpractice
In this regard you will need to be able to prove that: 1. Your lawyer made a mistake and 2. If your lawyer hadn't made the mistake, you would have won the case. Even if it is clear that your lawyer does not work professionally, no legal action will be opened in this regard, unless you can prove that his lack of professionalism directly affected the outcome of your court case, making you lose money.
- If you intend to sue him for professional malpractice, make sure you have a new, trusted attorney to assist you in the process.
- Make sure you start the lawsuit as soon as possible, as a fairly common argument put forward by lawyers sued for malpractice is that the client has waited too long to initiate the dispute.
Advice
- Often the problems that lead to the dismissal of a lawyer are mainly related to communication. Before firing him, ask yourself: Is there another way to solve this problem that costs me less time and money?
- If you have hired the old defender by establishing a fee based on the outcome of the case, the new lawyer will pay him with what you will get from the eventual victory of the case.
- If you are deemed unable to adequately represent your interests and you have been appointed a legal guardian, it may be necessary to reach an agreement with him to fire the lawyer.
- If the lawyer already represents you in a court case, the approval of the judge will in all likelihood be essential to remove him from his post.
