Because of the immense complexity of the legal system, an attorney is almost always mandatory for every type of case. From auto accidents to divorce cases and personal injuries, your attorney should have relevant experience and help guide you through the process. But what happens if, during the middle of this long legal process, you don’t like your attorney or think they are doing a poor job? While ultimately, the decision rests with you, changing attorneys can be difficult and should only be done in a select few situations.
Firing Your Attorney
If you have an electrician or plumbing agency that services your home but has started providing subpar service, the process of firing them is straightforward; simply stop requesting them to come to your home for needed work and find a new company. Firing an attorney currently in the middle of your lawsuit is noticeably more difficult and is a decision that should only be made after much thought with a clear mind. Disagreeing with your lawyer and firing them in the heat of the moment is never the correct choice.
If firing your attorney is the correct decision (which we will soon discuss), you should still think long and hard about your plans afterward as well. Speaking with and selecting a new attorney before firing your current attorney is essential. This will serve many purposes, but most importantly, it will provide you with another perspective on how well your current representation is behaving from someone with experience.
Reasons To Fire An Attorney
As mentioned, there are few reasons to fire an attorney in the middle of a case. Especially if your attorney is getting paid through a contingency fee basis (where the vast majority of their compensation is only available after a successful win in court), you should reexamine their actions while remembering that they are just as invested in this case as you. Even if you have immense disagreements or personal issues, the purpose of a lawsuit is to receive compensation or judgments against another party. Personal issues between you and a lawyer about how they are running the case should not jeopardize your lawsuit.
The main reason why you would consider firing an attorney is if you believe they are dishonest, lying, or scamming you. This is separate from a lawyer who simply isn’t arguing how you want them to in court. By contacting another local area attorney and discussing your concerns, they can help you determine if your current attorneys are truly acting in ways that are illegal or otherwise disallowed by the Florida Bar.
For cases where your lawyer is working for a contingency fee, you should assume that they are doing their best and believe in the merits of your case. If you fire your lawyer and attempt to hire the services of another without evidence of fraud or malpractice, the new attorneys might feel wary about taking you on as a client. No lawyer wants to take a case to court if they are worried their client will drop them at the first sign of disagreement.
If you disagree with your lawyer, the best thing to do is to talk with them about any concerns. Attorneys are motivated to win and continue building a good reputation in their community. Even if you don’t see eye to eye about every detail of your case, it is often much simpler and easier to let them continue arguing on your behalf to the completion of the trial.
If you genuinely feel that your attorney is misbehaving or not showing your case the attention it deserves, contact our law firm 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.
