If you are working with a lawyer after an accident and are unsatisfied with their work, you generally have the right to fire your car accident lawyer. However, doing so can affect several parts of your agreement and the progress of your case.
Before making that decision, it is usually a good idea to speak with your current attorney and openly discuss your concerns. Unless there are true irreconcilable differences, many issues can often be resolved through a direct conversation. Addressing concerns early may help clarify misunderstandings, improve communication, and keep your case moving forward without unnecessary disruption.
If you are considering making a change, it is important to understand the full consequences. This may involve reviewing your contract or discussing your options with an experienced attorney, such as one of the Orlando car accident lawyers at DWK Law.
If you are considering making the change, it is imperative to understand the full consequences, whether that is by reviewing your contract yourself or discussing it with one of the Orlando car accident lawyers at DWK Law.
Do you have the legal right to switch lawyers in Florida?
Put simply, you do have the legal right to switch car accident lawyers in Florida. However, you may find that you are limited or penalized based on your contract. Some of the things you may want to consider before firing your attorney include:
- Your contract terms
- Where are you in your case
- Whether you will require court approval to change
- Request your case file
- Discuss concerns with your current attorney
Additionally, it is often wise to ensure you have a new attorney who can help with the transition, including filing the appropriate paperwork and notifying your former attorney.
Why do people fire their car accident lawyers?
While you can fire your attorney for just about any reason, some of the most common reasons someone may choose to fire their attorney include:
- Lack of availability or responsiveness
- Lack of communication
- Unethical behavior
- They referred you out
- They do not have adequate experience with your type of case
- They fail to act in accordance with your wishes
The support you get from an attorney is often necessary when the alternative is trying to handle your case alone. However, your attorney works for you. Their job is to build a legal strategy and give guidance that prioritizes your goals. If they are failing to do this, you are within your rights to find someone new.
What happens to the fee agreement if you fire your attorney?
Most car accident firms work on a contingency fee basis, which allows you to benefit from having legal representation without the upfront costs in case you lose. Most contracts will provide specific reasons you may terminate the attorney-client relationship.
However, if you choose to terminate for other reasons, or you are unable to provide evidence of an approved reason, you may find yourself responsible for all of the labor and expenses incurred before you switch lawyers.
For a better understanding of what you can expect in terms of the fee agreement, you should review the agreement or speak with your new attorney to determine how to proceed.
How do you hire a new lawyer after firing your attorney?
Hiring a new lawyer after you fire your previous one is a similar process to the initial, but now you have more information to assess them. You can search for personal injury attorneys and schedule free consultations to discuss your situation. Come prepared with documentation of what has happened with your case so far, and make sure you discuss the situation that led you to switch.
Can switching lawyers delay your personal injury claim?
The decision to switch lawyers is one for the long game, as it is likely to delay the process. At a minimum, your new attorney will take time to get up to speed on your situation so they can pick up where the other left off.
You may see less of a delay if you are still engaged in negotiations with the insurance company, but it may be longer if you have already filed a lawsuit or you are in active litigation.
When does it make sense to consider firing your lawyer?
Outside of egregious issues like ethical or professional misconduct that may disqualify them from your case, the decision to file a lawsuit is primarily up to you. However, for many, it makes the most sense when they see that their lawyer is unable to achieve the results they’re looking for, based on the lawyer’s experience or work ethic. No attorney can promise a specific outcome, but if you feel the issues are a skill deficit, it may be time to look elsewhere. Before making that decision, in most situations it is recommended that you first consult with your attorney and openly relay your concerns to see if the issues can be resolved.
Speak with an Orlando car accident attorney about your options
If you have concerns about your case or how your attorney is handling it, please don’t hesitate to reach out for a second opinion. You can contact us by phone at (407) 244-3000 or go online today to schedule a free case consultation and discuss the options for your personal injury claim.