Can I Fire My Personal Injury Lawyer? (Yes – Here’s How)

Thinking about firing your personal injury lawyer? It’s not the most fun topic, but it happens. 

Sometimes things just don’t click, or maybe you’re feeling like your case isn’t getting the attention it deserves. And that’s okay. This is your case, your recovery, and your future on the line – so it’s totally fair to expect good communication and effort from your attorney.

If you’re not sure how to go about it or what the risks are, don’t worry, this post is for you.

We’ll go over when to fire your personal injury lawyer, and how to do it. Plus, we’ll also talk a bit about how much you would have to pay them.

Can I Fire My Personal Injury Lawyer?

Yes, you have the right to fire your personal injury lawyer at any point during your case. You don’t need a special reason, and you don’t need anyone’s permission. 

It’s your case, and you’re in charge.

That said, there are a few things to think about before you make the call—like the timing, how far along your case is, and what kind of contract you signed.

And you would still have to pay them for the work they have done out of your settlement.

Also Read: Can A Personal Injury Lawyer Drop Your Case?

When To Consider Firing Your Lawyer

Now, you don’t want to switch attorneys over every little thing, especially since it can slow down your case. But if you’re seeing serious red flags, it might be time to consider moving on.

Here are a few signs it could be worth firing your personal injury lawyer:

• You can’t get a call back for days (or weeks)
  
• They don’t explain what’s going on with your case
  
• You feel totally in the dark, frustrated, or ignored
  
• They missed important deadlines or made mistakes
  
• You’ve lost trust in their ability to represent you

Your gut matters here. If you’re feeling uneasy or unsupported, that’s reason enough to start thinking about a switch.

How To Fire Your Personal Injury Lawyer

So you’ve decided to part ways with your lawyer. What now? Here’s a step-by-step guide to make the process smooth and straightforward:

#1 Review The Contract

Before you do anything, take a look at the contract you signed with your lawyer. 

Most personal injury cases work on contingency, so you probably didn’t pay upfront—but the contract will lay out what your current lawyer might still be entitled to if you fire them.

Usually, they’ll have the right to place a lien on your settlement for the time and effort they already put in. That just means they may be owed a portion of the settlement later, depending on how the case turns out.

Also Read: How Much Do Personal Injury Lawyers Make Per Case?

#2 Find A New Lawyer First (Recommended)

It’s always a good idea to have a new lawyer lined up before you officially fire your old one.

This keeps your case from stalling and helps everything transfer smoothly. Plus, most new lawyers will handle the transition for you, including notifying the old one and getting your file.

Lots of personal injury lawyers are used to taking over existing cases, so don’t be shy about asking if they’re comfortable with that.

#3 Send A Written Notice

Once you’re ready to make the switch, send a formal written notice to your current lawyer. 

Keep it short and polite. Something like: “I’m terminating your representation effective immediately. Please send my case file to my new attorney.” That’s all you really need to say.

Be sure to mention the date you’d like the termination to take effect.

Email works fine, but send a hard copy too, just to cover all your bases. And keep a copy for yourself.

#4 Get A Copy Of Your Case File

You’re entitled to a copy of your case file, so don’t forget to ask for it!

This includes all the documents, evidence, and notes (and even emails) your lawyer has gathered related to your case. 

Also Read: What Evidence Do I Need to Win a Personal Injury Settlement?

If you’re switching to a new lawyer, they’ll usually handle this for you. But if not, be sure to request it directly so nothing gets lost in the shuffle.

The old lawyer might take a little time to organize it, especially if your case has a lot of moving parts, but they can’t hold your file hostage.

#5 Expect A Lien

As mentioned earlier, your old lawyer may still be owed something for the work they did—especially if your case settles later. This is called an attorney’s lien. 

It doesn’t come out of your pocket directly, but it can affect how much you receive from your final settlement.

Usually, your new lawyer and the old one will sort it out between themselves. 

They’ll negotiate how much the old lawyer gets, and that amount will be deducted from the settlement when the case wraps up.

How Are Attorney’s Liens Handled?

An attorney’s lien is a legal claim to a portion of your settlement or award. 

If your lawyer has worked on your case for a while, they might be entitled to part of the final amount, even if you choose to fire them.

Here’s how it usually works:

• Your old lawyer files a notice of lien
  
• Your new lawyer negotiates or settles that lien later
  
• The amount gets paid out of the settlement, not directly from you

Sometimes the previous lawyer may not be entitled to anything at all if they didn’t do much work or if there was a reason their involvement was cut short.

Bottom Line

Firing your personal injury lawyer isn’t something you do lightly, but it is something you can do. 

If you’re feeling ignored, stressed, or just flat-out unhappy with the way things are going, it’s completely okay to make a change.

Just make sure you check your contract, line up a new lawyer first, and send your notice in writing. Be ready for a lien, and let your new attorney handle the logistics from there. 

You’ve got options, and you don’t have to stay stuck with someone you don’t trust.

FAQs

Can I Fire My Lawyer Before Settlement?

Yes, you can fire your lawyer before the settlement, but that is not a good idea. 

If settlement talks are already happening, your old lawyer may still be entitled to a big amount of the fee. So if you fire them right before the settlement you’re losing more of your settlement money than necessary.

Can I Fire My Lawyer Before Trial?

Yes, you can fire your lawyer at any point before, during, or even after trial starts. 

Just keep in mind that trial prep takes time. So the sooner you make the switch, the better. If a trial is just around the corner, it may be harder to find a new lawyer willing to jump in last-minute.