Yes, you can fire your personal injury attorney—even if you already signed a contract. It’s your case, and you have the right to choose who represents you. But before making that decision, it’s smart to understand what goes into it, what might happen afterward, and how to protect your case going forward.
Why Do People Fire Their Lawyer?
There are many reasons someone might want a new lawyer. Some of the most common ones include:
- Lack of communication or updates about the case
- Not feeling heard or respected
- The case is moving too slowly
- Disagreements over case strategy
- Losing confidence in the lawyer’s abilities
You deserve to feel supported and informed throughout your case. If that isn’t happening, it may be time to make a change.
What Should You Think About Before Firing Your Lawyer?
What Stage Is Your Case In?
If your case is still in the early stages, switching lawyers might not be a big deal. But if you’re already deep into negotiations or trial prep, the process can be more complicated. A new attorney will need time to catch up, and it could cause delays.
Why Are You Unhappy?
Try to be clear about what’s bothering you. If it’s something like slow response times, it may help to talk it out first. Sometimes, a simple conversation can fix the problem. But if it’s something more serious—like missed deadlines or unprofessional behavior—it may be best to move on.
Can the Situation Be Fixed?
Before taking action, think about whether the issue can be fixed. If not, it’s okay to look for a better fit. It’s your case and your future.
What Happens If You Fire Your Lawyer?
There May Be Financial Consequences
Most personal injury lawyers work on a contingency fee, meaning they only get paid if you win money. But if you fire your lawyer, they may still be owed something for the time they spent on your case. That usually means they’ll place a lien on your case.
There Could Be Delays
Switching lawyers takes time. Your new attorney will need to review your case file and get up to speed. If your case is close to trial or a settlement, this could push things back.
It Might Affect the Outcome
Changing lawyers doesn’t automatically hurt your case, but delays or confusion during the handoff could have an impact. It helps to make the change as smooth as possible so your new lawyer can pick up where the last one left off.
How to Fire Your Personal Injury Lawyer
1. Read Your Contract
Look at the agreement you signed when you hired your lawyer. It may include details about how to end the relationship and whether you owe anything for the work already done.
2. Find a New Lawyer First
If you’re planning to continue your case, it’s usually best to find a new lawyer before firing the old one. That way, there’s no gap in representation, and your case keeps moving forward.
3. Send Written Notice
Tell your lawyer in writing that you’re ending the relationship. Keep it short and clear. Include your name, case info, and a simple statement like: “I am ending your services effective today.”
4. Get a Copy of Your Case File
You have the right to your case file. Ask your former lawyer to send it to you or your new attorney. This file includes all the paperwork, notes, and evidence collected so far.
5. Expect a Lien
Your former lawyer will likely file a lien for the work they already did. This doesn’t mean you’ll pay out of pocket. If your case wins money, the lien is usually paid from your settlement or award.
How Do Liens Work After Firing a Lawyer?
A lien is a legal claim for payment. If your previous lawyer files one, your new attorney will usually try to work out a fair amount. You don’t have to deal with this on your own. The money comes out of the final settlement, not your personal funds.
What If You Fire Your Lawyer Before a Settlement or Trial?
Yes, you can fire your attorney at any point—before a settlement or even right before trial. Just keep in mind that the closer you are to these events, the more careful you’ll need to be with timing and transition.
Bottom Line
Firing your lawyer is a big step, but it’s your right. If you feel like your current attorney isn’t the right person for your case, you can make a change. Just be smart about how you do it. Read your contract, get your case file, and line up new legal support first if you can. That way, your case keeps moving and you stay in control.
If you’re not happy with your current lawyer and want to talk about your options, call B’Ivory LaMarr Trial Lawyers at (877) 438-7243. We can walk you through what to expect and help protect your case every step of the way.