Can I Fire my Accident Attorney?
Getting injured and pursuing legal action after an accident is already stressful. The last thing anyone wants at this difficult time is to deal with a lawyer who doesn’t seem to have their client’s best interests in mind. Still, some people find themselves in this uncomfortable situation and they are left wondering if they can fire their lawyer and find a better fit.
The short answer here is: Yes, clients have every right to fire their lawyers if they decide to do so. While firing your attorney and switching to a new one may seem daunting, it’s more straightforward than many people think. If you’re unhappy with your current representation, you have the right to choose an attorney who aligns better with your needs and goals.
That said, it helps to know the process (and to think seriously about whether or not you should fire your accident attorney). Some clients might even wonder if they should bother finding another attorney, or if they can just negotiate their own settlement (short answer: Not a good idea!)
Every case is different, and ultimately, it is up to the client to decide what they want to do. Yet, there certainly are some ways to tell if your lawyer is a good fit or not and some basic guidelines to follow when making the decision to switch and carry it out.
Signs it’s Time to Fire Your Accident Attorney
A good lawyer should be professional, ethical, and communicate clearly and effectively. It might be difficult to assess these qualities right away, but it can quickly become evident that a lawyer is a poor fit for your case if they start to exhibit the signs mentioned below.
Missed Deadlines and Mistakes
One small mistake is not likely to have huge consequences on the outcome of a case, but if a lawyer is exhibiting a pattern of missing deadlines and making errors related to the details of a case, this shows a lack of professionalism and competence. The bare minimum required from a lawyer is competence. So, if it seems like a lawyer is not competent, it is time to find someone else.
Communication is key during a consultation. In order to make sure they are the right fit, be sure to ask all pertinent questions and let them know about your expectations and why you were unhappy with your original attorney.
Poor Communication
Lawyers often have many clients and may be busy when you try to reach them. This does not make them bad attorneys. However, they should still return your calls and emails and get back to you in a reasonable amount of time. If it seems like too much time passes between responses, it might be good to first let them know that this is an issue. If it continues, it might be time to look for a new lawyer.
Lack of Experience in the Type of Case at Hand
Sometimes an attorney might have a lot of experience and a good reputation, but they simply don’t have the right type of experience. There are many kinds of cases and many attorneys stick to a certain type of law. It could be that a lawyer was trying to branch out a bit when they took on a certain case and it is not going as planned. This inexperience can result in the client not having a fair chance and it is understandable if they decide to look elsewhere for representation.
Lack of Dedication
Again, it’s important to remember that the majority of lawyers are working with more than one client and can’t devote all of their time to one case. But, if a lawyer isn’t dedicating enough time to any one case, that can lead to poor results. If your accident attorney isn’t treating you and your case with the care you deserve, if it feels like they are bored or rushing, or if you feel like you are not being heard when discussing your needs, it is worth looking for a new lawyer that can provide the effort your case requires.
Unethical Behavior
All lawyers are trained in ethics and required to maintain a certain code of ethics in their duties of upholding the law. If a lawyer exhibits unethical or illegal behavior, they may not have your best interests in mind. This behavior warrants firing your personal injury lawyer.
When is it Too Late to Fire Your Accident Attorney?
Technically, it is never too late to fire your accident attorney. You have the right to do this at any point in the process.
That said, the earlier in the case you fire your attorney, the smoother the process will be. The further into the case you are, the more details a new attorney will have to review. This can lead to delays and create more opportunities for confusion. So switching sooner, if you can, is the better option.
And if you do fire your lawyer, they will still have an interest in the proceeds of any settlement or judgment. What does that mean? When you hire a new attorney, their fee is often shared with the previous attorney through a negotiated agreement. This is actually good for clients, as they won’t have to pay the old attorney out of pocket, and the process ensures that changing lawyers doesn’t add financial stress to your case. But it does mean that a lawyer might be less willing to take on a case if a large part of their fee has to be negotiated away.
How to Fire Your Lawyer
If you do proceed with firing your lawyer, it is best to find a new lawyer before doing so. In order to ensure they will fit your needs, prepare a list of questions and discussion points before the consultation. Once you find a better fit and they agree to take your case, you can inform your lawyer of your decision. The decision should be in writing and should include reasons supporting your decision and instructions on where they should send your file.
Can I Negotiate My Own Settlement?
You have the right to negotiate your own settlement, but most people don’t have the experience and expertise to do this effectively. There are many complexities in personal injury cases. For example, it is not always clear who is at fault. And if you are partially at fault, can you receive compensation? If you have a good lawyer, you can.
A good lawyer will maximize your settlement. They have been through the process many times. They fully understand the many types of damages and how to effectively prove that you deserve compensation. Unless you are a lawyer, there’s a good chance you’ll miss out on a portion of the compensation you deserve. In the vast majority of cases, it is worthwhile to hire an attorney. Even after the lawyer fee, you’ll be better off.
Finding the Right Lawyer for Your Case
Don’t be discouraged if the interaction with your first lawyer was disappointing. Most personal injury attorneys want to maximize your settlement and will work hard to do so. There are a few things you can do to ensure you find the right lawyer for your case.
Check Reviews
Many law offices, like Hipskind and McAninch, have reviews on their websites. These can give a picture of a lawyer’s reputation. However, it is also a good idea to check other sources for reviews as well. For example, check Google reviews or websites like Yelp for reviews that were not hand-picked to be on the law firm’s website.
Read About Past Cases
A good lawyer will often showcase their successes as examples of how they have helped other clients. Hipskind and McAninch have several example cases available for anyone to review. In this review of some of their personal injury settlements, multiple cases are outlined.
In one case, an H&M client suffered devastating injuries in a car accident. Initially, only $250,000 in damages, which was insufficient given the seriousness of the case. After a thorough investigation, we learned that the at-fault driver was running an errand for his employer, which made the employer partly liable too. After conducting the depositions and negotiating, the Company offered a settlement of more than $2 million.
This case exemplifies the importance of working with the right lawyers. With the proper expertise, a settlement can be increased to many times the original offer amount.
Be Thorough During Consultation
Whether you are consulting with a lawyer for the first time or trying to find a replacement in an ongoing case, it is important to provide all the details of the case. Let them know about your injuries, any relevant evidence, police reports, and medical records. This will help the lawyer to fully assess the situation. Not only will this help them prepare for the case, but it will also to make sure it is a case they are capable of representing effectively.
Communication is key during a consultation. In order to make sure they are the right fit, be sure to ask all pertinent questions and let them know about your expectations and why you were unhappy with your original attorney. Being thorough during a consultation will set you off on the right track to getting the resolution you deserve.
If you are unhappy with your current lawyer and are ready to find a dedicated personal injury attorney with years of experience, contact our team to schedule a free consultation.
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