Many clients believe that once they retain a attorney for their case, they are stuck with that lawyer or law firm for the duration. However, that is far from the case. In fact, a client may choose to fire his or her attorney at any time. Here are some useful tips on when to fire your attorney.
Failure to communicate. If your attorney fails to properly communicate with you, it is time to fire your attorney. If he or she does not timely return telephone calls or keep you apprised of important developments in your case, you need to find yourself a new lawyer or law firm. Failure to return calls, in fact, is the basis for most grievances against attorneys with their state bar associations. A lawyer’s failure to communicate with his or her client is simply unacceptable, and it is a perfectly good reason for discharge.
Overbilling. When many clients receive their monthly accounting from their attorneys, their jaw drops. Most clients do not realize that they are being charged for every single telephone call, every facsimile, every time your lawyer sneezes while thinking about your case. Lawyers also have a terrible tendency to round up. If you feel you are being overbilled by your attorney, do not sit back and take it. Overbilling is a nasty practice in the legal world, and it should not be countenanced. Fire your attorney, then file for a fee arbitration to recover some of what you were overbilled.
Stalling. If you feel that your case should be moving forward but it isn’t, it may be time to fire your attorney. This happens a lot, particularly in personal injury cases, where a lawyer need not file suit for years, until the statute of limitations is about to expire. If you feel your case isn’t moving forward properly, ask questions of your attorney. Get a tentative timetable. If you are not satisfied with your lawyer’s answers, fire him and retain a new attorney.
Divergence of the minds. If you completely disagree with your lawyer on an important matter, e.g. whether to settle your civil case or whether to plea bargain in a criminal matter, it may be time to fire your lawyer. Unfortunately, not all attorneys have your best interests at heart. The lawyer may be better off settling your case or pleading you out to lesser charges in order to avoid trial. Especially if he was paid a flat fee. Even with a contingency fee agreement, some lawyers rely on volume and feel it a waste of time to take matters to trial.
If you are unhappy and feel it is time to fire your attorney, don’t be afraid to drop the axe.
