Lawyer will not allow us to drop him as our attorney

Valerie Ann Farris

I don't know about specific laws in North Carolina, and I'd need to know more about your case, but generally you have the right to "fire" your attorney at almost any time. I suggest you contact the North Carolina Bar Association to ask about your rights and how best to approach the situation.

Kathryn Verity Fields

I practice in Washington state. I too am not familiar with any specific procedures or exceptions in North Carolina regarding lawyer/client engagement. However, in my state, the client's right to discharge his/her attorney--with or without cause--is nearly absolute. Even if you discharge you attorney because you are no longer satisfied with the level of representation, and need improved legal counsel to complete your case, you may nevertheless owe payment of some sort to the discharged attorney for work that was done. This would be especially true if you had agreed to pay for work done at an hourly rate. It may also be true, if you agreed to a contingent arrangement where the attorney would be paid a percentage "if" you prevail on your case even if a new attorney has to take over. You can discharge your attorney in a contingent matter, but if he/she has put work into the case he/she is entitled to some payment even if not the full percentage. This is called the concept of 'quantum meruit'. But the lawyer cannot hold your case "hostage" and refuse to withdraw if you are not paying him/her or he/she wants to work the case despite your desire (good reason or bad) to get another lawyer. ......On the other hand, I strongly urge you to contact your attorney one last time to see if the problem is really the lawyer. An attorney cannot "make" the other side settle and sometimes claimants simply are forced to wait until the day of trial to have the judge decide. The other side is entitled to their "day in court". In personal injury cases, the other side is often the insurer which has plenty of funding to try force you and your attorney into accepting a low ball or unfair settlement to end the case. Remember, your attorney in a contingent case normally only gets paid if and when you do. There is usually no good reason to drag a case out although many,many lay people fret unnecessarily about such a concern. It is usually not true that your fee is based on how long it takes for the case to be resolved. Fees in personal injury cases are usually based on a percentage of money obtained for the client or in rare cases an hourly amount but still base on work done, not how long the case lasted. (Huge difference.) Send a letter to your attorney stating in clear and non-prejudgmental language that you are confused and want to hear and understand his/her side before you contact the Bar. That should get the attorney's attention. If you get blown off, or the attorney will not file a withdrawal after you have sent a certified letter dismissing him/her, then contact your state Bar Association for assistance. They can help you.

Alec Scott Rose

I do not practice law in North Carolina, but my reply applies general legal principles which should apply in all states. For more specific advice, consult an experienced personal injury attorney in your area.

A client always has (Subject only to limited situations that require the court's approval) the right to choice of counsel, and to hire or fire counsel. North Carolina Rule of Professional Conduct 1.16 (see link below) is the rule governing termination of the lawyer-client relationship. Subsection (a)(3) permits a lawyer to withdraw when a client discharges her.

A client's file is always the client's property, and a lawyer cannot refuse to furnish it, and most cases, cannot even charge the client for a copy of it.

I recommend that you speak to your lawyer about your dissatisfaction and see if you can resolve it. If you cannot resolve the problem, consult other reputable and trustworthy accident attorneys in your area to see if they will agree to substitute in as your attorney, or if you can pay them to consult and offer you a "second opinion" about whether your attorney is following a wise strategy.