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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?

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Attorney answers 11


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.


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.

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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.


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.

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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.


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.

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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.


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.


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.

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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.

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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.