Hiring a lawyer is a judgment call made under pressure, usually right after an accident. You are trying to work out whether someone will keep your interests first, whether they have handled cases like yours, and whether you can actually talk to them. A good initial consultation does not always predict how the representation feels a year in.
Whether it's been a week, a month, or even if it's the day before your trial, you are free to fire your personal injury lawyer at any time and for any reason. However, there are several things to consider before firing your attorney to ensure that your case has the best chance possible of succeeding.
Why Would I Fire My Personal Injury Attorney?
The weeks after a personal injury are overwhelming. Between treatment and adjusting to life after an accident, not every client is thinking clearly when they pick a personal injury attorney. Common reasons for wanting to change lawyers include:
- The client and lawyer have a poor relationship.
- The lawyer does not communicate with the client or does not return phone calls or emails.
- The lawyer is not paying adequate attention to the case.
- The client no longer trusts the lawyer.
- The client questions the lawyer's competence.
- The client disagrees with the lawyer about important case issues.
- The client is uncomfortable with attorney fees and the cost of the suit.
- Unfavorable decision by the court.
Prior to firing your attorney, you should always first attempt to speak to them about your concerns. Ask to meet face to face; a good attorney will always make time to meet his or her clients and answer any questions they might have. Issues like a lack of communication or feeling like your case isn't receiving adequate attention can be resolved with proper understanding.
Note that while unfavorable decisions by the court can be discouraging, simply because you did not achieve the outcome you desired is not a fair reason for firing your lawyer. If your attorney followed proper protocol and competently argued your case in court, it would not help to fire your attorney. On the other hand, if your attorney was unprepared for trial or did not convey accurate information regarding the case, that would constitute a sensible reason for firing your lawyer.
Steps to Firing a Personal Injury Lawyer
If you're planning on firing your personal injury lawyer, there are steps you should take to mitigate any potential conflicts.
- Review the contract first. Check it for a provision setting out how to terminate the attorney-client relationship, and if there is a reasonable process in place, follow it.
- Hire the new personal injury attorney before you fire the old one, so there is no stretch of time when nobody is working the file. If your claim is close to the two-year negligence deadline in Florida Statute 95.11(5)(a), which applies to causes of action accruing after March 24, 2023, that gap matters more than usual.
- Write a short, formal letter stating that you are terminating the client-attorney relationship. Ask that your case files go to you or to your new attorney, give the new attorney's address, fax number and email, and ask for a refund of any unearned advance you paid.
- Notify the court if your case is already pending. Under Florida Rule of General Practice and Judicial Administration 2.505, the change happens by stipulation or court order, so in most cases your old attorney files a motion to withdraw or your new attorney files a motion for substitution of counsel.
Will It Cost Me More Money to Fire an Attorney?
When you discharge your old personal injury attorney, you still owe the fees earned and the case costs already incurred. Florida Bar Rule 4-1.16(d) requires a lawyer whose representation ends to surrender the papers and property the client is entitled to and to refund any advance fee or expense that was not earned or incurred, so a firm cannot simply sit on your file indefinitely. A discharged lawyer can instead file a charging lien, which attaches to the recovery in your case rather than to your paperwork and is paid out of the settlement or judgment when the case resolves.
Switching lawyers does not double the attorney fee. You pay one contingency fee, the percentage of your recovery set out in the fee contract, and the two firms divide that single fee between them. Florida Bar Rule 4-1.5(f) requires that contract to be in writing, signed by you, and to state the percentage the lawyer will receive. Case costs are separate from the fee and work differently: expenses your first firm already advanced, such as filing fees, records requests and expert charges, are still reimbursed out of the recovery, so duplicated costs across two firms can reduce what reaches you even though the fee itself does not change.
Will I Have Trouble Finding a Second Lawyer?
Usually not. The fee is divided between the firms on quantum meruit, meaning the reasonable value of the work each firm actually performed, so a second firm is not giving up a share it earned.
In other words, how much work each firm did will decide what percentage of the fee they will be granted. If the two firms did approximately the same amount of work, they will divide the fee equally. If your second personal injury lawyer did most of the work, they will be granted the larger chunk of the fee. However, if the first lawyer handled your case for quite some time and completed a substantial amount of work, a second lawyer may be tentative about taking on the case.
But where the case has significant value, a second attorney will usually take it anyway, even if the first lawyer already put substantial work into the file. Ultimately how the attorney fee is divided is worked out after the case is resolved by the two law firms, and is of little concern to the client.
Is a New Personal Injury Lawyer Right for Me?
In a personal injury case you will work with your attorney for months, often longer, so being comfortable with them matters. You need to be able to ask what the strategy is and get an answer you understand. If you start losing confidence in your personal injury attorney, say so before you decide anything else.
If you're feeling neglected, lack confidence in your case, or your lawyer continues to inadequately communicate with you, take this as a red flag to find a new attorney. Switching attorneys throughout a case will hold no negative connotations toward your case, nor should it extend your case any longer than need be.
Suffering a personal injury is a deeply traumatic experience. If you're looking for an experienced personal injury attorney to handle your case responsibly, contact Weinstein Legal Team today.
