Can I Fire My Current Lawyer and Hire You?

You should not work with a lawyer with whom you are uncomfortable or otherwise at odds. Most Lafayette personal injury lawyers will represent you on a contingency fee basis, meaning you will only compensate them after they recover damages for you. That also means you can fire your current lawyer and hire a new one without suffering any penalties or incurring any additional fees. 

The lawyer who represents you in any legal matter is important and can make a significant difference in how your case is managed and in its outcome. If you are not happy with your current attorney for any reason, you have the right to look for a different lawyer.

Six Reasons You May Consider Firing Your Current Lawyer

Sometimes, you and your lawyer may simply not get along. If that is the case, you can choose another attorney who is more aligned with your personality. You could also look for an attorney who views your case the way you do, understands your goals for your case, and strives to meet your preferred outcome. 

Your Case Is Approaching the Filing Deadline, and Your Current Lawyer Has Not Filed Your Lawsuit

All civil lawsuits have a filing deadline called the statute of limitations, and complying with it is a mandatory part of your case. It is also a complex one. In general:

• The personal injury statute of limitations is two years, per CC Art. 3492
• The wrongful death statute of limitations is two years, per CC Art. 2315.2

If the filing deadline expires, you will not be able to file your lawsuit, no matter how compelling it is. If you are working with a lawyer and they have not filed your lawsuit quickly, you can—and should—consider hiring a lawyer who will act quickly on your behalf and file your lawsuit within the allotted time. 

Your Current Lawyer Does Not Return Your Calls or Communicate With You

Waiting for settlement offers, counteroffers, and other updates in your personal injury case can be difficult. When you experience a lack of communication with your personal injury attorney, it can feel even worse. You might consider changing lawyers if:

• You are constantly calling your law firm because no one is updating you
• You are not receiving updates even when you request them
• You receive updates grudgingly or updates that are not informative

Failure to keep you regularly informed could be a sign of overwork, overwhelm, or disregard for your concerns. Either way, if you repeatedly ask for updates and do not receive them, look for a more communicative, responsive law firm.

Your Current Lawyer Is Regularly Unprepared or Unprofessional

No one wants to work with a lawyer who treats them like a case file, not a person. Like failing to provide you with updates, it can be challenging to work with a lawyer who is never prepared, has to search through piles of files to find yours, and cannot or does not provide prompt responses to your questions and concerns. 

If your current lawyer is providing unsatisfactory service and support due to a lack of preparedness, you can look for one who is more organized. 

You and Your Current Lawyer Disagree on How to Handle Your Case

This can happen because of a personality clash—you want to take a more aggressive approach than your lawyer does or vice versa. If you strongly disagree on how to handle your case, your preferred outcome, or even language patterns and negotiating tactics, you can opt to work with a different lawyer who is more aligned with your representation goals. 

You Believe Your Lawyer Is Guilty of Misconduct or Professional Malpractice

Professional misconduct can include unsavory behavior or language or simple laziness when handling your case. Professional malpractice includes any action your lawyer takes that could compromise your case.

It can include significant errors in interpreting the law as it relates to your case, missing court dates or client meetings, or failing to communicate with the at-fault party’s legal and insurance representatives. Misuse of funds, mishandling of documents, and failure to investigate your case are also examples of legal malpractice.

Your Current Lawyer Will Not Represent You on a Contingency Fee Basis

A negligence-based accident can cause you to incur hefty medical bills at the same time that it prevents you from working to support yourself and your family. If your current lawyer does not offer contingency fee representation, you can look for a law firm that understands your current financial situation and will not charge hourly fees or upfront costs. 

How to Fire Your Current Lawyer and Hire a New One

If you and your current lawyer mutually agreed on representation at one time, you likely signed a representation agreement. Read this contract very carefully to find out what your options are if you want to dispense with their services. 

It may require you to give specific notifications, including notifying them in writing. If you are already in touch with the new lawyer you want to hire, they can explain the importance of terminating your contract in the right way and how to do so legally.

You Do Not Have to Pay Your Current Lawyer and Your New Lawyer

No one wants to pay two lawyers while receiving the services of only one. Since most personal injury lawyers work on a contingency fee, you can walk away without incurring any expenses. If you are responsible for expenses, it should be spelled out in your initial contract. 

Get Help Understanding Your Right to Fire and Hire Attorneys

If you are pursuing financial compensation after a negligence-based accident, you should work with a lawyer with whom you are comfortable. You and your lawyer should also be aligned on your case goals. If you are not satisfied with the individual or law firm who is handling your case, you can fire your current lawyer and hire our law firm.

Find out what it means to work with a lawyer who is best suited for you in every phase of your case by contacting our case evaluation team at Laborde Earles today.