At Butler Kahn, we’re often asked by potential clients if they can fire their current lawyers. While we express no opinion about whether you should or shouldn’t fire your lawyer, the short answer to that question is ‘yes.’
The decision to hire or fire a lawyer is a personal one, and it’s a decision you have to make for yourself. But there are some clues that should set off alarm bells.
In Georgia, and most other states, ‘case running’ violates the Rules of Professional Conduct. Those rules are issued by the Georgia Supreme Court and guide how a lawyer should act. Specifically, the rules do not allow a lawyer to contact you directly about your case unless you have reached out to the lawyer first. Additionally, a Georgia law, O.C.G.A. § 33-24-53, makes it illegal to solicit a personal injury victim in exchange for compensation from an attorney or a healthcare provider.
Lawyers that use case runners have questionable ethical standards and aren’t good enough to attract clients without breaking the rules. Good lawyers do not need to break the rules to get clients because their work speaks for them.
Firing your personal injury lawyer is relatively simple. Send your lawyer something in writing, such as a letter or an email stating that you no longer need their services. Confirm that your communication was received. Keep a copy of any written correspondence that you send to your lawyer.
If you decide to fire your lawyer, it’s best to do it before a settlement offer is made. The reason is that most representation agreements with personal injury lawyers say that the lawyer gets a share of any offer on the table at the time the lawyer is fired. The lawyer could also have the
Yes, you can. In Georgia, essentially all attorney-client representations should begin with a written contract, so this question almost always applies. In other words, almost every time someone fires their lawyer, they are firing a lawyer with whom they have a written contract.
The terms of that contract are important, however. Most contracts with personal injury lawyers or law firms establish what happens if the law firm is fired. We talk about this in greater detail below, but most of the time, the contract will give the personal injury law firm the right to a “contingency fee” on the highest offer that has been made by the insurance company at the time that the law firm is fired. If the insurance company has not made an offer yet, the contract usually gives the law firm the right to collect for the reasonable value of the services rendered.
Yep. But it does get more complicated after the complaint has been filed with the Court because the litigation has to continue somehow.
If a party fires their lawyer while litigation is ongoing, then there are basically two options. First, the person can represent themselves, which is called going “pro se.” That often doesn’t work out well because it takes some experience and skill to litigate successfully, and most judges strongly prefer that parties hire lawyers who know how to move the case forward. But, it is an option, and you do have the right to represent yourself.
Second, the party who fires their lawyer can hire a new lawyer or law firm. If that happens, the new lawyer simply files a “Notice of Substitution of Counsel” to let the Court and the opposing lawyers know who the new attorney is going to be. Then the case continues with the new lawyer.
There can be some practical difficulties. Litigation often involves complexity, and it can be hard for a new lawyer to jump in mid-stream because there is a lot of information to catch up on. Many lawyers are reluctant to become involved with cases that are already being litigated because more often than not, the old lawyer hasn’t done a good job and the new lawyer has to try to clean up lots of mistakes.
That’s another reason why, if you’re going to change lawyers, it’s best to do that early.
Let’s talk about the contract first. Most personal injury contracts specify that if the law firm is fired, then the law firm has a right to collect its contingency percentage (usually between one-third and 45%) of the highest offer that the insurance company makes before the law firm is fired. But if there is no offer on the table when the law firm is fired, then this part of the contract is not applicable.
Most personal injury contracts also specify that if the law firm is fired before there is any offer on the table, then the law firm has the ability to collect in “quantum meriut.” Quantum meriut is a fancy legal term that basically means the value of services provided. In other words, the law firm that is fired would have a right to collect for the reasonable value of the work that the firm did before it was fired.
Most of the time, lawyers and law firms who are fired don’t bother to collect in quantum meriut because most of the time, if they’re fired before the insurance company makes an offer, the lawyer or law firm hasn’t done much. In that circumstance, it isn’t worth the law firm’s time and trouble to try to prove the value of their services. So in that circumstance, it is common for the person who fires their lawyer to not have to pay anything to the firm that was fired.
That’s a big reason why, if you’re going to have to fire your lawyer, it is best to do that early. Firing a lawyer is usually a hard decision, and if you’re reading this because you’re thinking about it, we would emphasize again that whether to fire your lawyer is your decision, and we offer no opinion about whether you should or should not do it. But if you need to change lawyers, it is best to do that early, before the insurance company makes an offer or the law firm has done a lot of work on your case. That way, you will end up owing little or nothing to the lawyer you have to fire.
This is not a fun topic for us to write about. We wish all lawyers did their jobs well, and firing lawyers was not necessary. But we are realists. We know that there are some law firms out there that treat their clients like numbers and don’t do good work for people who need help. If you’re stuck with a lawyer with whom you are not comfortable, here are some signs of trouble.
There are many situations where you might want to change lawyers. An essential component of a personal injury case is knowing what is happening. Good communication from your lawyer keeps you informed about the investigation, what strategy will be used, upcoming deadlines, required paperwork, communications from the insurance company, and other important information.
If your current lawyer failed to explain the strategy they plan to employ for your case, you should insist on an in-person meeting to discuss those concerns. If they were unable to explain what type of compensation you could potentially earn and, more importantly, what evidence has to be uncovered before that compensation could potentially be secured, also consider meeting with them in person to get more information.
If they do not communicate or agree to meetings, or the issues are not fixed to your satisfaction, consider changing lawyers.
If you regularly deal with a case manager and not your attorney directly, or they fail to return your calls within 48 hours, these are also signs that you should consider changing lawyers.
For a printable version of this letter, follow this link.
Not to repeat ourselves too much, but whether to fire your lawyer is your decision. We don’t have an opinion about whether you should or should not fire them. But if you decide to fire your lawyer, it is best to do it in writing.
That can be in an email, in a letter, or in a text message. It can be simple. You might as well be polite (because being rude won’t accomplish anything). For example, your letter or email might look like this.
Dear [name of lawyer or law firm],
Thank you for representing me in my case. However, I have decided to hire a different lawyer. For that reason, I no longer want [name of law firm] to represent me. Please note that the representation is now terminated, effective immediately.
Please send me a copy of my complete file related to the case.
Thank you,
[your name]