What to Do if You’re Not Happy With Your Current Attorney and Want to Seek Assistance Elsewhere

Just because you hire a personal injury lawyer to represent you does not mean you are forever tethered to that attorney. The law permits you to fire your attorney and hire a new one at any time while your lawsuit is pending. However, just because you can take this course of action does not mean you should.

There are a number of reasons why you might be disappointed with the attorney currently representing you. Before hiring a new attorney, you should carefully analyze the situation and weigh the benefits and drawbacks of bringing new counsel on board.

Considerations Before Changing Counsel

You might consider changing attorneys if you feel you are not communicating well with them. Or you may be displeased with your attorney because your case is not progressing as swiftly as you would like. Before you decide to fire your existing attorney and retain new counsel, consider the following:

Hiring a New Attorney May Delay Your Case Further

When you hire a new attorney, they will need to get up to speed on what has happened in your case and formulate a strategy to go forward. This can necessitate a delay in the proceedings. The more complicated your case, or the more that has happened with regard in your claim, the longer this period can be.

A New Attorney May Not Be Able to Do Anything Differently 

No Michigan lawyer can present evidence they know or believe to be false. Similarly, lawyers are prohibited from engaging in any unethical practices. You could potentially hire a new attorney who can do little more than employ the tactics and strategies your previous attorney employed.

Your Former Attorney Will Be Entitled to a Lien and Compensation for Their Work on Your Case

Before changing counsel, check your Engagement Agreement with your current counsel, as it likely addresses that attorney’s rights in the scenario of you terminating their representation.

Upon termination without legitimate cause (i.e., disciplinable misconduct prejudicial to your case or conduct contrary to public policy), your contingent fee agreement is deemed abandoned and they are entitled to lien on your recovery in compensation for the reasonable value of their services based upon quantum meruit. “Quantum meruit” is basically the reasonable value of services rendered and is generally determined by simply multiplying the number of hours worked by a reasonable hourly fee.

What to Do When You Are Upset With Your Attorney

If you are not satisfied with the representation your attorney provides to you, there are several steps you can take to address the matter. Consider these steps before firing your attorney:

• Express your disappointments and expectations with your current attorney
• Attempt to develop reasonable goals and a timeline for achieving them with your present lawyer
• Understand any limitations or challenges your lawyer says they are facing
• Obtain a second opinion from another qualified attorney

Even after undertaking these steps, you may still not be satisfied with your lawyer’s ability to represent you. If so, it might be time to terminate your lawyer’s services and hire a new attorney. You should make this decision sooner rather than later, as the effects of switching attorneys become more pronounced the further into your case you get.

Once you retain a new attorney, they will communicate with your previous attorney about withdrawing from your case. Unless there are extraordinary circumstances, you should avoid firing your existing attorney until you have your new attorney in place.

Think Carefully About Changing Attorneys Mid-Case

While you can always hire a new attorney if your current lawyer does not adequately represent your interests, this decision should not be made lightly. Consider the potential drawbacks of taking this course of action before firing your lawyer. However, once you are convinced you need a new civil attorney, act decisively and as early as possible to minimize the impact on your case.

If you feel you need a second opinion about your personal injury case and are considering changing attorneys, contact Giroux Pappas at [insert phone #]