October 19, 2020

Firing An Attorney, The Right Way

When hiring an attorney, you have all these visions of a great relationship, and you winning your case. However, when the attorney does not meet your expectations, you are at liberty to fire them without notice. However, if the case is before the court, you may have to seek the court’s indulgence with the decision. Firing an attorney is a huge step. It needs to be well thought out and be undertaken swiftly to mitigate any effects of this decision on your case. It is likely to be a costly decision, but if the benefits outweigh the disadvantages, then it is imperative that you sever those ties.

Firing An Attorney

Considerations

Before firing the lawyer, you need to have a clear answer to what has annoyed you about their practice.  Firing a lawyer is the most onerous task you can be asked to do. You need to provide justification for your action and have solid grounds as to why you are agitated. For it to be an amicable split, careful thought and a lot of consideration has to go into initiating the split. If the case was already ongoing, it is difficult to find a lawyer who will be appraised and start working on it immediately. It may result in reluctance of other attorneys from taking your case if done in a rush and it is therefore important to get the reasons right.

Incompetence and unprofessionalism

If you realize that the lawyer was dishonest about their abilities and that they are grossly incompetent, these are sufficient grounds to get a new attorney. If the lawyer is a jack of all trades and a master of none and they took your case yet they knew full well they were not competent in the area in which you seek representation, then you are within every right to have a change of legal minds. When there is no communication on the progress of your case, and you are worried that the case is not being steered in the direction you want, you can fire the lawyer. If the lawyer seems more interested in the money than the welfare of the case, you can ask for a second opinion before deciding to pull the plug on your partnership.

The actual split

Before firing an attorney, you should hire a new one. The court will appraise them on the proceeding of the case and help to negotiate the split. Being in touch with a Corpus Christi Texas personal injury lawyerwill help you take the matter further for a personal injury lawsuit.

Records and the case files

It is important to refer to the agreement you had with the attorney on matters retainer fee, contingency and the procedure for termination of representation. A letter showing the intent to fire the lawyer shall be sent to them stating the termination of the relationship henceforth. In this letter, you can ask for all your files and other relevant documentation sent to you. You can also ask for compensation for services not rendered in case you had paid in advance. Staying level-headed and objective is essential.  Do not let emotions impede your judgment.

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