Should I fire my attorney

When a client loses faith or trust in his attorney the client may consider firing his lawyer. However, before jumping to the conclusion that it is time to end the relationship, you should consider several factors. First, ask yourself why you are unhappy with your attorney.

One reason may be becasue your attorney fails to return phone calls or fails to keep you properly apprised of the status of your case. I would recommend discussing your feelings with your attorney before your fire him or her. Most lawyers work on many cases at one time and your lawyer might be tied up in a trial, deposition or out of town on another case. If he has not returned your phone calls, there may be a good reason.

E-mail is a great way of communicating with your attorney. If he cannot immediately return your phone call, most lawyers can quickly send an e-mail to let you know about his situation and when he can more fully respond. Failing to communicate with clients is one of the biggest complaints clients make to lawyers, especially personal injury lawyers. However, if your lawyer is otherwise very competent, it is worth while to discuss your concerns with him and devise solutions for future updates.

Clients discuss their cases with friends, family and other lawyers they may meet during their case. If you get advice from another lawyer or friend advising you to fire your existing attorney and hire a new one, beware! The advice you get from these sources is based upon information you provide to them which may not accurately set forth the particular legal issues and ramifications of the facts involved in your case. All too often, a client fires his attorney only to have his "new" attorney tell them what the prior attorney said.

Do not fire your attorney because he is not telling you what you want to hear.  So many time clients can gt upset because the case is not going the way the client thought it should go.  Many times a client will fire an attorney only to find out that his analysis was right on. Think long and hard before making a hasty decision.

Another fact to keep in mind is that the lawyer you fire will likely have a lien or claim against the case to recover the fair and reasonable value of the time he spent on the case. This lien may take the form of a percentage of the fee or an hourly rate for the documented hours spent on the case. Your "new" lawyer may not be willing to expend the time and money necessary to properly handle your case if he must give up a large fee to your previous lawyer. Or, your "new" lawyer may attempt to charge you a higher fee to account for the fee he must give to the prior lawyer. Some lawyer contracts make the client responsible for the costs involved in the case. Be prepared in those instances to pay your lawyer's costs when you terminate his representation.

If you do decide to fire your lawyer, do it in writing. You letter should give instruction as to where he needs to send your file.  Do not threaten your lawyer with reporting to the bar association. This will only strengthen his resolve to intervene into your case and recover the entirety of his fee. Do not send a carbon copy of your termination letter to the local bar association unless his conduct has been illegal or clearly unethical.

Most attorneys respect that legitimate differences of opinion or strategy may mean that the relationship must end. However, the best lawyers want only what is in the client's best interest. If it becomes apparent that the client is better served by another lawyer, then he should be happy to relinquish the case for the good of the client.

Ending any relationship is never fun, but there are times that it is necessary.  Many people do not know attorneys personally and they make a bad decision on who they retain. Like nay profession there are good and bad attorneys. Fortunately you can change your mind. 

If for any reason you are dissatisfied with your attorney or would like a second opinion please consider the Foulger Law Group at 801-623-6766 in Provo or 801-682-1199 in Salt Lake.