There are all kinds of reasons you might consider firing your attorney. Although you always have the right to do so, it's essential to keep in mind that terminating your lawyer mid-case isn't just a legal decision; it involves financial considerations.
In this blog post, we'll explore the financial implications of terminating your attorney-client relationship, ensuring you have enough knowledge to confidently fire your attorney without encountering any unexpected costs.
Understanding legal fees and contracts
Before discussing the financial nuances of ending your attorney-client relationship, it’s important to understand the different types of fee structures and the nature of lawyer-client contracts.
Typically, personal injury cases operate on a contingency fee basis, meaning your lawyer’s payment is contingent upon winning your case. The fee is a percentage of your settlement of court-awarded damages.
Other less common fee structures include hourly rates and flat fees.
Reviewing your contract is the first step in assessing the financial implications of termination. Contracts detail the fee structure, expenses, and terms of engagement, including termination.
You likely received and went over the contract (often called a “representation agreement”) in your initial meeting with your attorney, and you should have been provided with a copy. If, for any reason, you did not receive one, it's important to formally request a copy in writing from your attorney.
The cost of termination
Terminating a lawyer can incur several types of costs, which vary based on your contract and the stage of your case:
- Early termination fees: Some contracts might contain a clause stipulating that terminating the lawyer's services before the resolution of your case incurs a fee. It's important to understand that such termination fees stand on contentious legal and ethical ground. Courts have shown varying stances on their enforceability, with decisions differing from one jurisdiction to another.
- Hourly expenses: If your contract specifies (and sometimes even if it doesn’t), you may be responsible for paying for the hours worked by your lawyer up to the point of termination, regardless of the case’s outcome.
- Reimbursement of expenses: Lawyers often advance costs related to the case, such as filing fees, investigation expenses, and expert witness fees. Upon termination, you may be required to reimburse these expenses immediately.
- Contingency fee considerations: In a contingency fee arrangement, terminating your lawyer complicates how the fee is calculated. If you hire a new lawyer, the original and new lawyers may agree to split the contingency fee based on their contributions to the case. This arrangement should not increase your overall legal costs, but it's important to clarify this with both lawyers.
Impact on your case and future legal costs
Beyond the immediate financial implications, it's important to consider how termination may affect your case’s progress and potential future legal costs.
- Case delay: The process of selecting a new lawyer and acquainting them with your case details can introduce delays. Such postponements could compromise the outcome, as the reliability of time-sensitive evidence and witness accounts may diminish over time. This is especially concerning if you've sustained injuries and are awaiting a legal resolution to secure necessary medical treatment.
- Increased legal costs: New legal representation might entail additional costs. Even though your previous lawyer is required to hand over your case file, ensuring your new attorney isn't starting from scratch, time and effort are still needed for them to review your file and become fully acquainted with the nuances of your case.
- Negotiating with a new lawyer: Transitioning to a new attorney comes with financial uncertainties; the fees charged by your new lawyer may not align with those of your previous counsel.
Making an informed decision
Terminating your lawyer is a significant decision that should not be taken lightly. Here are some steps to help you work through the decision and make an informed choice:
- Evaluate your current situation: Assess why you're contemplating termination. Is it due to communication issues, lack of progress, or dissatisfaction with legal strategies? Sometimes, these concerns can be resolved through direct communication without needing termination. The first step is to talk to your lawyer about your concerns. If that doesn’t get you anywhere, contact your state bar association to see if they offer attorney dispute resolution services.
- Consult with another lawyer: Before making a final decision, consult with another lawyer. They can provide a second opinion on your case's status and the advisability of changing legal representation.
- Understand the financial stakes: Fully grasp the financial implications of termination, including any costs you're liable for and how termination affects your contingency fee arrangement.
- Communicate clearly: If you decide to proceed with termination, communicate your decision clearly and professionally with your current lawyer. Request a detailed invoice of services rendered and costs incurred to date.
- Secure your case files: Ensure you receive all case files and documentation from your current lawyer to facilitate a smooth transition to your new legal representative.
Discover the steps to properly dismiss your attorney, complete with a sample termination letter for guidance.
Terminating your lawyer mid-case is a decision fraught with financial, legal, and strategic considerations. By understanding the potential costs and impacts on your case, you're better positioned to make a choice that aligns with your best interests.
Other resources you may find helpful:
Understanding attorney-client privilege and confidentiality
The claims process and how long a personal injury lawsuit takes
Step-by-step guide to Pro Se representation
Smart strategies for a budget-friendly personal injury case
Negotiating lawyers fees - how do accident lawyers charge? Are there any hidden costs?