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How do i fire an attorney and what will then happen when i try and either find a new one or do it all on my own.

Albuquerque, NM |
Filed under: Personal injury

i don't know what to do becuase this attorney is telling me all i can do is stack my policys in my state of nm and thats it so why in the hell do i need this guy who wants to take 33% of something so easy please help

Attorney Answers 3


Generally speaking you can fire your attorney for any reason and hire another attorney. Assuming you entered into a contingency fee agreement with your attorney then if the contingency (your bodily injury claim recovery) then his or her fee has not been earned. Most states courts do recognize a discharged attorneys claim in quasi contact when discharged for what is called quantum meruit (value of his or her time already spent on the file) that claim would be handled with the second attorney you hire and would be paid out of the second attorney's fee. Again this is general information and you should speak to counsel in your state.

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I assume that there is an Attorney Client Contract in place that can be enforced if the attorney fulfilled his obligations under the Contract. You generally can sit down with another attorney who may advise you to keep the attorney or retain another one. It will depend on the facts and circumstances and how hard the current Attorney wants to fight to enforce the terms under the Contract.

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You definitely need a lawyer. however, firing a lawyer without good cause and hiring another lawyer could lead to your owing fees and expenses to two lawyers. Before firing your first lawyer, seek a second opinion from a NM personal injury attorney.

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I already do have a lawyer but we are not happy with him he had dragged everything out for to long and isn't really fighting for anything just bare min and the care is worth way more due to injuries!

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