The relationship between a lawyer and his client is meant to be professional, and most importantly, mutually beneficial. You always have the right to fire your attorney, especially if his performance does not meet your expectations. However, it is better to think carefully about the cost and time required to find another lawyer. To learn more about how to make the decision to change attorneys and fire your current attorney, see Step 1.
Step
Part 1 of 3: Deciding to Fire a Lawyer
Step 1. Make a decision after careful thought
Clients are always allowed to fire their lawyers whenever they want, but it's not a decision that can be taken lightly. Even if you don't like your attorneys or feel that they are not doing a good job, it may be a good idea to let them get the job done, as firing them might interfere with or harm your case. When making this decision, make sure that you will get the desired results over the long term by firing your attorney.
- If your attorney has spent a lot of time working on your case, it will be difficult for other attorneys to work on the cases left by him. It can be difficult to find a new attorney who is interested in working on your case, especially in cases involving large foreclosures. The lawyer won't want to make you his client unless he wants to win a case for a lot of money.
- Other attorneys may also be reluctant to take the case if you are a "problem client." This won't be a problem if you fire the attorney for a good reason, for example if he or she is a complete failure at work, but if he or she is fired because you don't like his character, then it may be difficult to find another attorney who will accept you as his client.
- Another thing to keep in mind is that depending on the case being executed and the agreement, you may still have to pay high fees to the attorney. The longer the case has been handled by the attorney, the more expensive it will be for you to pay. If you hire a new attorney, you'll have to pay for that too. So changing lawyers in the middle of a case can be quite expensive. However, if you have a high probability of winning the case, it might be worth it.
Step 2. Assess why you want to change lawyers
While firing a lawyer can complicate things, sometimes it's the best decision you can make. If you feel that the attorney is not competent enough to resolve the case, it will be important to find someone you feel more comfortable with. Firing a lawyer may be the best option if the following conditions are met in your situation:
- Lawyers are not honest with you. If you have reason to believe that a lawyer has stolen from you or is working in an incompetent manner, then you need to fire him.
- The lawyer has stopped communicating with you. This situation can usually be remedied, but if the attorney has stopped responding to your calls and emails, then you will need to find a new representative.
- You're worried that the attorney isn't doing a good job. It may be difficult to determine whether the attorney is competently working on your case. Before firing them, it might be worth investigating a bit to see if they're working properly. If not, then you need to make a decision.
- You really don't like the nature of your lawyer. Firing a lawyer because of a conflict over nature isn't ideal, so doing everything you can to keep things running is the best way to deal with it. You don't have to like your lawyer - especially if he does a good job on your case. But if you really can't work with him and you don't want him involved in your life anymore, then it's best to start working with someone you can trust.
Step 3. Ask for a second opinion
If you're not sure that firing a lawyer is the right decision or not, then seek the opinion of another attorney or someone knowledgeable about legal matters. Do some research to see if your attorney has handled your case with professionalism or not. If it turns out that your attorney doesn't understand your case well enough, and his decision isn't in your favor, or even against you, then you should fire him.
- Hiring a lawyer for a second opinion is usually not very expensive, as it will only take up the attorney's time for a few hours. It may be worth it to help you decide whether or not to fire your attorney.
- If you don't want the hassle of hiring a second attorney, then consider doing your own legal research. Visit your nearest law library to find out more about your case. If you understand the situation at hand from a legal point of view, then you will be better equipped to determine whether or not your attorney is doing a good job.
Step 4. Raise concerns with your attorney
The main goal of a lawyer is to make you happy and win your case well, so before you fire him, try to talk about it. Schedule an in-person meeting or call by phone and share any concerns you have about what's going on. Optionally, you can write a formal letter stating your specific concerns as well as writing down the changes you expect. You may also find that you don't have to make too many decisions.
- If the attorney doesn't communicate enough with you, or doesn't spend enough time working on your case, then this will give him the opportunity to work harder. In an ideal situation, you wouldn't have to put pressure on your attorney to grow, but the results with this would be less costly than firing your attorney.
- Have you explored other options for resolving the conflict before making the decision to fire your attorney? Consider contacting the nearest legal association to seek arbitration in resolving the dispute between you and your attorney.
- If you are still not satisfied after raising a concern, then you can fire your attorney.
Part 2 of 3: Firing a Lawyer
Step 1. Read the agreement signed by you and your attorney
Carefully read through any employment-in-work fee agreements or other contracts you may have signed with a lawyer. Make sure that you understand what fees you are required to pay and what steps must be followed to resolve the relationship between the attorney and the client.
Most agreements detail a number of steps that must be taken to end a relationship. In addition to paying the agreed fee, you must formally notify the attorney that the relationship is ending
Step 2. Hire a new attorney
Before you officially fire an old attorney, it's a good idea to hire a new attorney - especially if your case is ongoing. New lawyers will need to adjust, for the transition to go smoothly. It would be a disservice to have time wasted because there are no lawyers working on your case.
Hiring a new attorney before firing the old one will also help if you are unsure about how to handle the firing process. The new attorney will assist you in resolving it in a professional manner. This is important, especially if you end up wanting to sue the old attorney for malpractice
Step 3. Tell the lawyer that you fired him
Do this based on the steps outlined in the agreement between you and the attorney. If the process of dismissal is not written in the agreement, then send a certified letter to the attorney's workplace, stating that you are ending the professional relationship and that he or she should stop working on anything related to your case as soon as possible.
- If you want, you can fire him over the phone or in person. However, it would be better if you formally dismiss the employee by letter.
- You don't need to state the reason for your dismissal, unless you feel compelled to do so.
- If you can, request a refund of all prepaid fees for unfinished work. Also, ask for billing details, and review those details to find any discrepancies.
Step 4. Get a copy of your file
You have the right to copy all your case files. Ask for the file in your dismissal letter, and explain where the file should be sent. Specify the delivery date limit. If you feel more comfortable picking it up in person, write down the date and time you'll be coming to pick it up.
- You can also request that all your files be sent to a new attorney, and set a deadline for submission.
- Withholding your files or asking for payment to copy files is illegal for lawyers.
Part 3 of 3: Taking Action Against an Attorney
Step 1. Consider filing a complaint
If the attorney has failed to handle your case, has completely stopped communicating with you, or has made a serious error, then file a complaint with the legal entity that oversees the practice of law in your country. By filing a complaint, a process for reviewing the attorney's work by the disciplinary board will be initiated. If the complaint is found to be true, then the lawyer must attend the hearing. Depending on the type of complaint filed, the attorney may be subject to fines or even revocation of the attorney's license.
- The process for filing a complaint is different in each country. Contact your nearest legal association or disciplinary board to find out about the process you must follow.
- If you aim to indemnify the attorney for failing to work on your case, then you should be suing him for malpractice, not filing a complaint.
Step 2. Consider filing a lawsuit for malpractice
In order to sue for malpractice, you must be able to prove that 1. Your attorney has made a mistake, and 2. If he has not, you should have won the case. While it's obvious that your attorney has failed in your case, you won't be able to sue him unless you can show that his failure directly affected the outcome of the case and caused you to lose money.
- If you wish to sue for malpractice, make sure that you have a new, trustworthy attorney to assist you with this process.
- Make sure that you file a lawsuit as soon as possible, as a common argument used by lawyers being sued for malpractice is that the client waited too long to sue.
Tips
- Often, the problem that causes a person to fire his or her attorney is closely related to communication. Before you fire him, ask yourself: Is there any other way this problem can be solved with less time and money?
- If you hire your old attorney by chance, then your new attorney will pay your old attorney any progress along your case.
- If you are deemed unable to adequately express your wishes and have an appointed legal guardian, then you may need your guardian's approval to fire the attorney,
- If a lawyer has represented you in court, then you may need the judge's approval to fire the attorney.
