As a personal injury attorney in Georgia, I frequently get calls from car accident injury victims who want to fire their current attorney and hire a new lawyer to take over their case. It is always possible to fire your attorney and hire someone else. However, as every case is unique, it is important to keep some things in mind.
Why Do I Want a New Lawyer?
Before you fire your current attorney, it is a good idea to ask yourself a few questions. Why do you want a new lawyer? Perhaps your lawyer doesn't see eye to eye with you on your case, or you disagree with him or her about the best strategy for winning your claim. Maybe your attorney is a poor communicator, and doesn't ever return phone calls or emails. If this is the case, it's possible that you hired the wrong attorney. Personal injury cases require the knowledge and expertise of a lawyer who works in this area of law. If your attorney handles injury cases, family law, and criminal cases, they may not have the specialized experience your injury case requires. These are all legitimate reasons to terminate the relationship with your lawyer and find a new attorney to represent you.
How Do I Fire My Lawyer?
Once you have made your decision, you must fire your attorney in writing. You don't need to go into great detail about why you are doing so. A simple letter stating your intention and asking for your files back is sufficient. However, the letter should be sent either by fax or certified mail. If you send it by fax, ensure you obtain a fax confirmation showing that the fax was sent end delivered. Make sure you keep a copy of the letter, because your new attorney will most likely want to see it.
Will I Owe My Old Lawyer Any Money?
It's possible that your previous attorney will retain a lien for his or her services. Most personal injury lawyers work on a contingency fee basis, meaning you do not provide any money up front, and your attorney earns a percentage of the settlement he or she obtains for you. If your lawyer has already put a lot of time and money into your case, it is possible he or she will retain an interest in the case. Most standard attorney employment contracts allow for this. Your new attorney will negotiate with your old attorney over the appropriate amount of money they are entitled to receive once your claim settles.
What Will My New Lawyer Do Now?
Your new attorney will take over all aspects of your case. He or she will notify the insurance company that you have new representation. If a lawsuit has been filed, the court will have to be notified of the change. Your new lawyer will also communicate with your previous attorney to obtain your file if you have not already done so.
Finding the right attorney for your case is important. You deserve a lawyer who communicates with you regularly and answers your questions. If you have been seriously injured in an auto accident, you need an attorney who handles personal injury cases to make the most of your claim.
