If you are in the middle of your case and you feel the need to change your attorney, there are many things to consider. Although it is always your right to choose who represents you, it is also important to understand the ramifications of changing lawyers mid-case. Here are some of the details you should understand before firing an attorney.
Firing an attorney is a decision which should not be taken lightly. Lawsuits, by their nature, can be very emotional – and most people do not really understand the details of how a legal case will progress. It is important to take a deep breath and really consider why you want to find a new lawyer. Simply thinking “they aren’t doing enough” or “I don’t think they know what they are doing” is probably not enough reason to switch lawyers.
If you decide to switch lawyers, it is important to speak with and select a new attorney before firing your current attorney. This will serve many purposes, but primarily another attorney can advise you as to if you are being well-represented and can get up to speed on your case in order to take over seamlessly at the time of the switch.
When is it Appropriate to Fire an Attorney?
Here are two situations when it may be appropriate to fire an attorney.
- Dishonesty or Fraud: If your lawyer has stolen your money, lied to you, or otherwise exhibited gross negligence, you should find another attorney.
- Lack of Communication: Many attorneys will try to limit conversations to only communicating necessary information and avoid “small talk”. However, if your attorney has gone completely silent, and you haven’t heard from them lately, it may be time to change attorneys. If you communicate via email that you are thinking of firing them because you haven’t heard from them – and you still don’t receive a reply – this is likely a good indication that the relationship is not working.
Should I Fire an Attorney over Personality Differences?
Sometimes, the attorney-client relationship just isn’t working because of a personality clash. However, as difficult as it may seem, you should step back and strongly reconsider your decision before firing an attorney for this reason.
A lawsuit is a complex matter. Your attorney has likely put in many hours, and have gathered information critical to successful case resolution. It may take a new lawyer a long amount of time to catch up to where your attorney is now. Remember, if you choose to fire an attorney mid-case, you will likely owe them a fee for the work they have put into your case – meaning that you will have to pay two lawyers before the case is over.
Many Sarasota attorneys may not be willing to take on a new client who is complaining about their current attorneys personality. This is very different than being concerned about a lawyer’s competence. You may be labeled a “problem client” should your new prospects discern that you are being unreasonable in your criticism.
Attorneys may not take on a client who is complaining about a personality challenge, but are much more likely to agree if they see evidence of your current lawyer being incompetent or unethical.
Before Firing an Attorney
Before you consider switching attorneys and possibly harming your case, talk candidly with your attorney about your concerns. You may be able to rectify the situation and move on, without having to pay two lawyer’s fees or start over on your case. Most attorneys are motivated to win your case on your behalf, and on building a solid reputation in the community. Therefore having an open conversation about your concerns is the best course of action.
If you truly feel that your attorney is behaving badly or ignoring your case, call for a second opinion. The Sarasota attorneys at Probinsky & Cole are here to help you to win your case, protect your rights and collect the damages you deserve. Call us today.
