Can I Fire My Lawyer If I Signed a Contract?

The short answer is yes. But there are lots of considerations before you take such a drastic step.

At least once a week, we get a call from someone who wants to fire their lawyer and hire us. We try to help them understand the potential consequences to their case if they fire their existing lawyer so that they can make an informed decision. Below are the issues that we think are critically important:

First and foremost, why do you want to fire your lawyer? Has the lawyer stopped responding to your inquiries? Is it a personality conflict? Has the lawyer failed to move your case toward a resolution of settlement or trial? Do you disagree with important decisions being made about your case? If you truly reflect, are you just upset that the lawyer is not telling you what you want to hear (sometimes that is our job)? These are some of the questions you need to ask yourself about why you want to change lawyers. Before firing your lawyer, we recommend you have a sit-down meeting with him or her to address your concerns and try to find a solution. If you still want to fire your lawyer after doing so, there are still other considerations.

The next most important consideration is: what deadlines are looming in your case? Is the statute of limitations (the deadline for filing a lawsuit) about to expire? Is a trial date approaching? Are other important deadlines close, such as expert disclosures? If important deadlines are just around the corner, changing lawyers is a risky course of action and fraught with peril. If you cannot find another lawyer, your case could be barred by the statute of limitations or dismissed for failure to comply with deadlines established by the court.

Finding another lawyer may not be as easy as finding the first one, especially if your case has progressed past certain phases. In any case, the more it has progressed, the more difficult it is for a new lawyer to guide the case effectively. Major strategic decisions have been made. Witnesses have been deposed, and their testimony is now cemented. If critical questions were not asked or important theories developed, the new lawyers almost certainly will not have an opportunity to correct it. Moreover, there are ethical limitations about how much a new lawyer can discuss your case with you until AFTER you have discharged your existing lawyer. The result is, if the case has progressed too far, then you must jump from what you believe is a burning building without knowing for sure that there is a safety net waiting for you.

Finally, let’s assume you have thought through the relevant factors and have still decided to fire your lawyer. The next question we are often asked is if the client still must pay that lawyer. This is a complicated topic, but typically the lawyer who is discharged is entitled to compensation for the work he or she did. The amount of compensation depends upon the fee agreement, the quality of the work, the amount of expenses incurred, etc. If you signed a contingency fee agreement (the fee arrangement in which your lawyer only gets paid if there is a financial recovery), then the discharged lawyer only gets paid from the settlement or judgment. If the case is unsuccessful, in most cases, the discharged lawyer does not get paid. (As a side note, the fact that the discharged lawyer will get a large part of the settlement or judgment for work performed can also make it difficult to find a second lawyer simply because it does not make financial sense for the second lawyer.)

If you have apprehensions or problems with your lawyer, figure it out quickly. If you were wrong, do not be wrong for long because time will not improve the situation but will make it much more difficult to find a new lawyer. As you can see, finding the right lawyer initially is paramount, and the time and effort you spend selecting a lawyer will benefit you in the long run. As always, we are here to help if we can.

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