In the aftermath of a car accident, we are left to make a number of quick decisions, including hiring a lawyer. While dealing with serious injuries from a car accident, people cannot take the time to research ‘Dunwoody personal injury attorneys’ and sometimes make mistakes and hire the wrong attorney.
Clients usually realize they’ve hired the wrong law firm when weeks, or even months, have passed and their lawyer won’t return their calls, they don’t know anything about their case, and a firm assistant keeps taking messages and saying everything is fine.
As a client, you have a right to speak with your lawyer and get direct answers to your questions. Your lawyer should explain how Georgia insurance works, expectations in your case, process, timelines, and set goals. If you have not discussed these things with your current attorney, it’s time to fire your attorney and find an attorney focused on you!
How Can I Fire My Car Accident Lawyer?
Typically, it is very easy to fire a car accident or wrongful death lawyer, unless the other drivers insurance company has already made you an offer. If your previous attorney had you sign a contract similar to most car accident attorneys, he or she will not present you with a bill and you are entitled to your complete file.
If you hire a new lawyer, they will have to pay off any attorney’s lien that the original lawyer takes out but this does not come out of your pocket.
Here is an example of how the original attorney’s lien will be paid: You hire lawyer A and few months into your case you become frustrated about lack of communication with your current lawyer. You signed a contract at 33.33% for the lawyers’ fee. You fire lawyer A and hire lawyer B. Lawyer B eventually obtains a settlement of $100,000.00 on a 33.33% bases.
Lawyer A files an attorney’s lien claiming they spent $4,000.00 worth of time on your case before you fired them. Lawyer B would be paid the $33,333.33 from the gross settlement and out of that money Lawyer B would pay off Lawyer A’s lien. You still get the same client’s share of the settlement.
How Do I Decide Whether I Should Change Lawyers?
Since hiring legal counsel, if you cannot speak to your lawyer on the phone, cannot get answers to your questions, and have not heard any sort of strategy for how your case will proceed, you may be having an uneasy feeling about your lawyer.
You need to consider a few things to determine if you need to hire a new attorney.
If you answered “yes” to more than one of these questions, then you may need a new lawyer. You should contact your lawyer and insist on an in-person meeting so you can get all of your questions answered. If you are still not satisfied, fire them.
If you have already made up your mind that you hired the wrong attorney then you’re probably wondering, how do I fire my lawyer and what do I owe them if I do?
Here’s what you need to know:
Firing Your Attorney Before There is an Offer
Georgia law says that a personal injury attorney is entitled to be paid for the value of the work they put into a client’s case. However, the amount the lawyer is entitled to changes once the other driver’s insurance company has made an offer. Early in your case it is unlikely there will be an offer so you will only owe the lawyer money based on the amount of time they spent working on your case. In month 1 or 2 that should be a fairly small amount. If you terminate your lawyer and hire another one, the money owed to the first lawyer comes out of the same one-third (â…“) attorney’s fee portion.
To illustrate, if you fire lawyer A and then hire lawyer B, each of their contracts likely provides that they are entitled to one-third or 33.33% of the gross recovery pre-suit. (unless you are getting ripped off by a lawyer charging 40% fees pre-suit) So, when you fire lawyer 1, you pay them nothing at that time. If down the road, your car accident lawyer settles the case and recovers $25,000.00 for you, 1/3 of the money goes to lawyer B and he or she then has to deal with paying out to lawyer A. It is not your problem. In summary, it does not cost anything extra to fire your first lawyer and hire a second one.
You Have an Offer but it is Low and You Want to Fire Your Lawyer
Once an offer is made by the car insurance company, the lawyer’s contract will provide that they are entitled to their fee no matter what. You cannot fire the lawyer and accept the offer because they will assert an attorney lien with the insurance company. In this situation, it is difficult to make a smooth transition to another injury lawyer.
The best thing to do is, pick up the phone and call around and get a sampling of legal opinions. There are a number of low-grade personal injury lawyers in Atlanta that regularly underprice and mishandle files.
Sometimes, a more experienced personal injury lawyer can spot the value in the case or develop a stronger theory of liability in your case.
Frequently Asked Question About Wanting to Fire Your Lawyer
Question: My daughter is 19 and she was in a car accident. She just signed a legal agreement to hire a lawyer to handle her accident case with injuries. My daughter is a little concerned about the new attorney and really did not get a good feeling about them. She is having second thoughts and really does not want the attorney to handle her case. She just signed the contract less than a week ago. Can she just send him an email firing him?
Answer: Yes, you can absolutely fire the lawyer at this point. They have done little to no work on your daughter’s case. Talk to another lawyer and get another opinion. You deserve to have a lawyer that answers your questions and makes you feel comfortable.
How Do I Tell My Lawyer I am Firing Them?
Send them email stating something like this:
“Dear Lazy Lawyer,
I am terminating your services. (You may want to state a specific reason like you are unhappy with the lack of attention, failure to return calls, laziness, etc – insert your reason here ) I have decided to go in another direction with my case (You may want to say you are handling the case on your own or with another attorney) and I will need to pick up my file as soon as possible. Please call me when my file is ready to be picked up.
Sincerely, Unhappy Client”
You will want to follow up with the attorney’s office to confirm receipt of your termination letter the next day. Once you fire your lawyer, you or your new attorney should advise the insurance company in writing that the previous lawyer no longer represents you.
If you’re looking for a new legal representation, we are happy to answer your questions and help you get the compensation you deserve.
No problem. Fill this out and Nick will email you back.
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Can I fire my personal injury attorney?
Yes, you can fire your personal injury attorney at any time before the insurance company makes an offer. After an offer is made, you may still be able to fire your attorney, but their fees will need to be paid out of the settlement.
How do I fire my personal injury attorney?
To fire your personal injury attorney, send them a written termination letter stating your reasons for terminating their services. You may need to pay the attorney for their work up to the termination date.
Can you fire a personal injury lawyer?
Yes, you can fire a personal injury lawyer, especially if you are unsatisfied with their service or the settlement offer is low. However, the original lawyer may be entitled to a portion of the attorney's fees.
Can I fire my personal injury attorney and represent myself?
Yes, you can fire your personal injury attorney and represent yourself, unless the other driver's insurance company has already made you an offer.
Can you fire your lawyer in a personal injury case?
Yes, you can fire your lawyer in a personal injury case, unless the other driver's insurance company has already made an offer. If you hire a new lawyer, they will have to pay off any attorney's lien from the original lawyer.
Can I fire my personal injury lawyer in Illinois?
Yes, you can fire your personal injury lawyer in Illinois. However, the former lawyer may have a lien on the case, which means they are entitled to a portion of any settlement or award, even after being terminated.
Can I fire my personal injury lawyer in Texas?
Yes, you can fire your personal injury lawyer in Texas. You can terminate the attorney-client relationship at any time, even if an offer has been made by the insurance company.
What are the steps to fire a lawyer?
To fire a lawyer, send them a written termination notice stating the reason, and request your file. If an offer has been made, the lawyer is still entitled to their fee.
How long does it take to fire an attorney?
Firing an attorney typically takes a few days to a week. The process involves notifying the attorney in writing, collecting your file, and potentially negotiating any outstanding fees owed to the previous attorney.
Will I owe fees if I fire my lawyer?
If you fire your lawyer before the other driver's insurance company has made an offer, you generally won't owe any fees. However, if an offer has been made, you may owe the original lawyer a portion of the attorney's fees.
What happens after I fire my lawyer?
After firing your lawyer, you will need to pay the original lawyer for their work up to that point, which comes out of your settlement, and then your new lawyer will handle the rest of your case.
Can I hire another lawyer after firing mine?
Yes, you can hire another lawyer after firing your current one. However, the new lawyer will need to pay off any attorney's lien that the original lawyer has on the case, which does not come out of your pocket.
What reasons justify firing a personal injury lawyer?
You can fire a personal injury lawyer if they fail to communicate, return calls, or develop a strategy for your case. Additionally, if the lawyer is not securing a reasonable settlement offer, you may have grounds to terminate their services.
Can I fire my attorney during a trial?
Yes, you can fire your attorney during a trial, but it may disrupt the proceedings and could have significant consequences. Consult with your new attorney to understand the potential risks and implications before making a decision.
How will firing my lawyer affect my case?
Firing your lawyer may require paying the original lawyer's fees out of the settlement, but you can still hire a new lawyer to handle the case. The new lawyer will need to address the previous lawyer's lien on the case.
Is it easy to fire a personal injury attorney?
Yes, it is generally easy to fire a personal injury attorney in Georgia, especially before the insurance company has made an offer. The client can terminate the attorney's services and hire a new one, with the original attorney's fee being deducted from the settlement.
What should I consider before firing my attorney?
Before firing your attorney, consider whether they have made an offer on your case and the impact it will have on any attorney's lien or fees. Evaluate the value of the work they have done so far and the potential impact on your case.
Can I regain my retainer after firing my lawyer?
If you fire your lawyer before they have settled your case, you cannot regain the retainer you paid them. The retainer covers the work they have already done on your case, and it is not refundable.
Do I need to provide notice when firing my lawyer?
Yes, you should provide written notice when terminating your lawyer's services. This ensures a smooth transition and allows the lawyer to protect their legal rights regarding any outstanding fees or costs.
What documentation should I keep when firing a lawyer?
When firing a lawyer, keep copies of any termination letters, fee agreements, and correspondence related to the case. This documentation will be important for transitioning to a new attorney.
Can I fire my lawyer for lack of communication?
Yes, you can fire your lawyer for lack of communication. As long as there is no settlement offer on the table, you can terminate the representation and hire a new lawyer without incurring additional fees.
How to formally notify my lawyer of termination?
To formally notify your lawyer of termination, send them an email or letter stating that you are terminating their services, provide a specific reason if applicable, and request that they hand over your file as soon as possible.
Are there risks in firing personal injury attorneys?
Yes, there are potential risks in firing a personal injury attorney. The original attorney may be entitled to a fee for their work, which could reduce the final recovery. Additionally, there may be delays in transferring the case to a new attorney.
Can I fire my lawyer if I disagree with advice?
Yes, you can typically fire your lawyer if you disagree with their advice, as long as no settlement offer has been made by the opposing party. You have the right to choose your legal representation.
What if my lawyer is not responding to me?
If your lawyer is not responding to you, it may be time to consider finding a new attorney. You have the right to fire your lawyer and hire a new one, especially if the lawyer is unresponsive or not providing adequate representation.
Can I fire my lawyer for not meeting deadlines?
Yes, you can fire your lawyer if they are not meeting deadlines or other obligations in your case. You have the right to terminate your attorney-client relationship and hire a new lawyer if you are not satisfied with the service provided.
How does firing my attorney affect my settlement?
Firing your attorney after the insurance company has made an offer can impact your settlement. The original attorney's fee still needs to be paid from the settlement, which may reduce the final amount you receive.
What are the consequences of firing a lawyer?
The main consequences of firing a lawyer are: (1) the original lawyer may have a lien on the case and will need to be paid for their work, and (2) you may need to pay the new lawyer's fees in addition to the original lawyer's fees.
Is it advisable to fire a lawyer mid-case?
Yes, it is generally advisable to fire a lawyer mid-case if they are not providing adequate representation or communication. However, be aware that the original lawyer may be entitled to a portion of any settlement or recovery, which will need to be factored in when hiring a new lawyer.
Can I represent myself after firing my lawyer?
Yes, you can represent yourself after firing your lawyer. However, it is generally advisable to seek legal counsel, as self-representation can be complex, especially in personal injury cases involving insurance claims.
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