Ever
hear anyone say this about their attorney?
“I can’t get the guy/girl to call me back!” “The only person that I am able to talk to is
the paralegal!” “My attorney is pressuring
me into settling my claim.” “My attorney’s
associate always says he has to ask my attorney!”
I admit
to hearing the above complaints. I can
even say that I was directly involved in causing such an answer! However, you should never feel you are not your
attorneys’ top priority. After all, you
hired your attorney to speak on and represent your interests. In the personal injury context, trust should
be the top priority. After all, you want
your attorney to FIGHT for every penny you are rightfully entitled to.
So
what do you do when you lose faith in your present counsel? Luckily, you are not stuck. Take a look at the contract you executed with
the attorney. It probably lays out the
procedure for ending the relationship.
You will most likely be “on the hook” to compensate the attorney for the
fair and reasonable value of the time he or she spent on the case. Such cost must be evaluated prior to ending
the relationship. Depending on the
amount of such, it may cause issues with retaining another attorney.
If you do decide to terminate your
lawyer, do so in writing. The letter
should set forth and document any conduct or reasons supporting your
decision. It should also give
instruction as to where he or she needs to send your file.
Bear
in mind that if you do fire your attorney, you MUST be extremely picky with which
firm you retain next. You want to hire
the attorney with the highest level of competence dealing with the issues
involved in your case. Keep in mind that
some states do not require the attorney to turn over his "work
product" or mental impressions or theories of the case. Do not threaten
your lawyer with legal action or a reporting to the bar association. This will
only strengthen his resolve to intervene into your case and recover the
entirety of his fee.
Treat
the unpleasant task for firing your lawyer professionally. Hopefully, the lawyer will respond
likewise. After all, good lawyers value
their reputations. The best lawyers want
only what is in their client’s best interests.
If their client hiring another lawyer better serves that client, then
such lawyer should be happy to relinquish the case for the good of the client.
Proven. Personal. Parian.
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