Can you fire your personal injury lawyer?

You never know how a personal injury lawyer will really be until you hire them. There are no trial runs or free samples when it comes to your lawyer. You may be put in a situation where you feel it is no longer working out. Can you fire your lawyer?

The short answer – yes, but whether you should depends.

Upon hiring your lawyer, you probably signed a contract agreeing to a contingent fee. In 1969, the Supreme Court ruled that if a client fires a lawyer without a good cause, the lawyer may be able to still collect their fee. In this case, you may be paying for both lawyers even though the first one is fired.

Don’t lose hope yet. These things can usually be worked out. The first step would be to try and work things out with your first lawyer. There could be simple misunderstandings or miscommunications between the two of you.

If this is not possible, you can call The Carlson Law Firm and we can attempt to work something out with your current lawyer to avoid being double-charged. Three things could happen if things work out.

  1. Your current lawyer could agree to give up rights to the fees and expenses.
  2. Your current lawyer could only ask for the costs of your case so far and drop the contingent fee.
  3. Your current lawyer could agree to share the fee with your new lawyer, so you would only have one fee.

Everyone’s circumstances are different. If something cannot be worked out with your current lawyer, it would be best to try again to work out differences. If you feel your lawyer is not holding their end of the agreement, you may file a grievance with your local bar association that handles fee disputes. Find one here.

Consider these obstacles before firing your current lawyer, and call The Carlson Law Firm for any questions or concerns. We will do our best to help you in your current situation.


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