You might become dissatisfied with the relationship and legal services provided by your current attorney for a number of reasons. In Florida, you can – and should – fire your attorney if you do not believe you are receiving the representation you agreed on at the outset of the relationship. By formally terminating the attorney-client relationship, you effectively fire your attorney.
It’s essential to know why you might fire your attorney, how to do so, and whether you will still have to pay them if you terminate the relationship.
Contents
What Are Some of the Top Reasons for Firing an Attorney?
Clients fire attorneys for various reasons. Your attorney-client fee agreement likely lists some circumstances under which either party may terminate the relationship. Some of the most common reasons for firing an attorney are:
- Poor communication – Attorneys are responsible for promptly informing their clients of any decision or circumstances requiring the client’s informed consent. Further, they must always keep their clients reasonably informed about the status of the case. Poor or inadequate communication is one of the main reasons for firing an attorney. If you are frustrated that your attorney is not taking your calls or does not provide periodic case updates, you may fire your attorney.
- Incompetence – The ABA Model Rules of Professional Conduct likewise require an attorney to be competent. Your attorney should have the legal knowledge, skill, and preparedness to represent you effectively. If you find during the representation that your attorney lacks the competence and confidence to handle your case, you can fire them. You can then find another lawyer who is better suited to represent you.
- Settlement considerations – Although your attorney will handle the settlement communications with the insurance company or the other party’s attorney, you make the call as the client as to whether you will accept a particular settlement offer. You and your attorney will more likely confer concerning an appropriate settlement figure, but you may disagree on how much money you will take to settle the matter. Although there is often room for negotiation as you exchange settlement offers and demands, you may ultimately be unwilling to settle for an amount your attorney may see as reasonable. Some clients will retain new counsel if this occurs, and they believe another attorney has a better settlement strategy.
What Is the Process for Firing My Attorney?
Before firing your current attorney, you should have retained another attorney to represent you afterward. Having another lawyer ready to take over your case is essential so no important dates or deadlines are missed, which could jeopardize your chance to recover the compensation you deserve.
For example, the statute of limitations for filing a personal injury lawsuit in Florida is two years from the date of an accident. You should calculate when the two-year statute of limitations will expire if you are negotiating with an insurance company but have yet to file a lawsuit and are contemplating whether to fire your current attorney. You will want to ensure a new attorney has time to review your case and prepare a complaint so your lawsuit is timely filed.
If your case is already pending in a Florida court, it is equally important to have another attorney represent you before firing your current attorney. The court will have already set case management dates and deadlines, and you will want to ensure you comply. Your new attorney can manage these court dates and deadlines for you, so you can focus on recovering from your injuries.
The attorney-client fee agreement may specify how you should terminate the relationship. In general, you should confirm your desire to end the attorney-client relationship in writing. That can be accomplished through a letter or e-mail to your attorney. It is best to avoid informal communication, such as a text message, when you are terminating your contract.
Because the file your attorney has been maintaining for your case belongs to you, the client, you should request the file when you issue your termination notice. You can then provide your complete file materials to your new attorney so they can be up to speed on your case as quickly as possible.
Will I Still Have to Pay My Attorney If I Am Firing Them?
It depends on your contract with the attorney. If not much work has been performed in the case and you fire the attorney before any settlement offers are made, you may not owe the attorney anything. However, the attorney-client fee agreement will likely contain a provision concerning how the attorney will be paid if the client terminates the relationship before the case is resolved. Many contingency fee agreements provide that the attorney will be entitled to an hourly fee if they are fired while the case is still pending.
Even if your case is being handled on a contingency fee basis, your attorney will keep track of the time they spend on your file to demonstrate the work they did before you fired them. The amount due is known as an attorney lien. Once a settlement is reached or a judgment is awarded, your new attorney will pay the attorney lien out of those funds. Because paying the attorney lien and your new attorney will reduce the compensation you will receive, you should carefully consider whether firing your attorney is the best option.
Contact a Florida Personal Injury Attorney Today
If you are looking for a new lawyer before firing your current lawyer, contact the law firm of Zervos & Calta, PLLC, to discuss your personal injury case. We handle all types of personal injury lawsuits, from motorcycle accidents to injuries sustained in slip-and-fall accidents and much more. We strive to provide our clients with the personal, one-on-one attention they deserve after an accident and advocate for their rights to seek the compensation they need.
We are ready to fight for your rights to compensation, starting at the negotiating table and heading to the courtroom if necessary. Contact us today for a free consultation with one of our experienced Florida personal injury attorneys.
Visit Our Personal Injury Law Offices
About the Author
Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.
Site by Consultwebs.com: Law Firm Website Designers/ Personal Injury Lawyer Marketing.