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Can I fire an attorney?

Fort Mill, SC |

I was recently in a car accident and took someone's reccomendation on an attorney but he really doesn't seem to be trying to help me and I have yet to actually speak with the attorney. He is only supposed to get paid if I do but since I'd like to use someone else can I fire him?

Attorney Answers 11


  1. You have the right to be represented by a lawyer of your choice. You should review the terms of the fee agreement to determine what if any fees/costs will be owed to this attorney.


  2. The choice of an attorney is up to you, but you need to check with your current attorney and check your contract to see if you will responsible for any expenses already incurred.

    An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.


  3. You likely signed a "contingency fee" agreement. As a client can always terminate a retainer, and hire a new lawyer, do so. Let your new attorney work out the details regarding reimbursement of any expenses incurred by the present attorney; any liens, etc.


  4. Yes you can fire an attorney. I'd recommend you call him and try and set an appointment first. We can't solve the problem if we don't know about it.

    The information in the post is not intended to be legal advice but is general information and should not be relied upon. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. If you require assistance then you should speak to a competent attorney in the area of your question. If you require additional information from the Ryan Montgomery Attorney at Law, LLC then please visit on the web www.RyanMontgomeryLaw.com or call us directly at (800) 519-0297


  5. I agree with the lawyers who have answered already. If your current lawyer has incurred any costs on your case during the time he's rep'd you, he may have built-in language in his fee agreement regarding a lien for the amount of costs incurred in the event you terminate the relationship. Generally speaking, it would be a good idea to look at your written fee agreement and see what it says about terminating the representation. The short answer to your question is YES.


  6. Please know that you are the boss and call the shots. Your case is yours, not your attorney's. There may be some consequences to leaving, like expenses. However, you need to work with an attorney you trust. Before you leave though, I would recommend you call your attorneys office one last time. Let them know you expect a phone call from the attorney or you will find substitute counsel.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  7. Yes, if you have made up your mind, you absolutely can fire your current attorney and hire a new one. I suggest making sure that this is the right decision. Make one last effort to talk to your current lawyer and let him/her know what you want and that you are dissatisfied to this point. If he/she still does not make it right, research a new lawyer and make sure he/she will provide the qualities that were missing in the first.

    Good luck.


  8. Generally speaking, yes you can. Review the retainer agreement you signed. A client should never be ignored. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  9. The short answer is yes. You will owe the attorney for any costs he advanced on your case, such as payment for motor vehicle records, medical records etc. When the attorney asks why you are leaving him or her, tell the attorney it is because there was no personal contact between you.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  10. I take issue with a personal injury attorney representing someone they have never spoken to about a car accident. Fire him or her asap and get a new attorney.