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.
BENN LAW, LLC 1617 JFK BLVD, SUITE 1240 PHILADELPHIA, PA 19103 267-773-8446 ATTORNEY-CLIENT RELATIONSHIP / LEGAL ADVICE / RESULTS DISCLAIMER: The injury, auto accident, car accident, negligence, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.
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.
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.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
A roundup of the best tips and legal advice.