How to fire your attorney

When you have a legal problem, especially one that is particularly complicated, you need an attorney. Attorneys can give you legal advice and guidance, provide the answers to questions about your case, research legal issues pertaining to your problem, and, most importantly, advocate on your behalf. 

Choosing an attorney to handle your case is a personal decision, but the attorney that you hire has a responsibility to behave in a professional and ethical manner and to accurately represent you, taking all of the necessary steps to successfully resolve your case.

And, just as hiring an attorney is a personal decision, so, too, is firing an attorney. You have the right to fire an attorney, especially if you feel that they aren’t acting in your best interest, are behaving in an unethical manner, or, worse, are engaging in illegal behavior.

The most important part of your attorney’s job

Poor communication or failing to communicate is one of the biggest complaints that clients make to their attorneys. However, there are other reasons that could cause you to lose faith in the attorney:

  • Unreasonable billing practices
  • Mishandling of funds
  • Failing to inform you of settlement offers
  • Breaking your attorney-client privilege
  • Being disorganized or unprepared
  • Unprofessional appearance 
  • Illegal behavior

If you decide that the relationship you have with your attorney isn’t working out, or you have serious doubts about their behavior and/or conduct, you need to know how to fire your attorney:

  • If there is a termination clause in your contract for legal services including a specific procedure for notice, timing, or other requirement, you need to follow the terms of the contract. Make sure you understand the fees you may be obligated to pay.
  • Before firing your old attorney, hire a new attorney, especially if you have a case in progress.
  • Write a letter of termination and send it by certified mail, requesting that your file is sent to your new attorney with their full contact information. 
  • If yours is an ongoing case, you or your new attorney will need to file notice with the court that you’re now going to be represented by new counsel. Your old attorney will have to file a motion to withdraw, and your new attorney will file a motion of substitution of counsel.

If you feel that the actions (or in some cases, inaction) of your attorney have in some way been detrimental to your proceedings or have cost you the ability to win or settle your case, you may have a claim for legal malpractice.

In cases of suspected malpractice, you must prove that your attorney was negligent in the legal representation provided to you, that this negligence caused you harm, and the extent of the harm caused by that attorney.

Staying protected

You should consider firing your attorney and hiring a new attorney if you’ve lost faith or trust in their ability to effectively handle your case. 

However, if you believe that you have a legitimate claim of legal malpractice and are considering suing an attorney for legal malpractice, contact the Law Offices of Scott S. Harris, San Diego legal malpractice attorney.