Tap to CallCan I fire my lawyer before the settlement in Virginia
The quality of your lawyer can make or break your case. If you feel that your lawyer is jeopardizing your settlement, can you fire them?
You can fire your lawyer before settling if you want to. But just because you can, doesn’t always mean you should.
What Are Some Reasons for Firing Your Lawyer?
You deserve a skilled, responsive, and honest lawyer when seeking compensation for a devastating injury. Anything less could negatively affect the outcome of your case. Here are some legitimate reasons to fire your lawyer:
- Lack of communication – Failing to respond promptly to your calls, emails, or requests for updates is a good reason to fire your lawyer. You deserve regular, consistent, and prompt communication from your legal representative.
- Incompetence or inadequate representation – If you believe your lawyer lacks the necessary skills, knowledge, or experience to handle your case, it may be a valid reason for termination. Items that might suggest you need to make a change may include missing a deadline, losing key evidence, or making mistakes in forms and filings.
- Ethical violations – Lawyers must follow a code of professional ethics. Any breach of their ethical obligations is valid grounds to fire your lawyer and could result in professional consequences for them. Examples of ethical violations may include breaching confidentiality, making a decision without your consent, asking you to lie, or hiding things from you.
Do I Need the Court’s Permission or an Agreement from My Attorney?
You do not need the court’s permission or an agreement with your attorney to fire them during settlement negotiations. You have the right to choose whomever you want to represent you.
Things get a little more complicated if you fire your lawyer after filing a lawsuit to proceed to trial. In that situation, your new lawyer must file a substitution of counsel with the court.
Is It Hard to Fire My Lawyer?
Firing a lawyer is typically very easy. You must simply inform them in writing that you are terminating the attorney-client relationship. But before firing your attorney, you should:
- Consider why – Critically consider why you want to fire your lawyer. Are you angry about something that is outside your attorney’s control? Are you frustrated at the pace of negotiations with the at-fault party’s insurance company or disappointed at the amount of the early settlement offers? These may not be good reasons to fire your lawyer.
- Talk to your lawyer – Tell your lawyer you are not pleased with their services. This will provide them an opportunity to explain themselves and correct the issue.
- Review the contract – When you first hired your lawyer, you signed a contract with them. Review that contract and ask a second attorney to review it as well. Contracts often contain termination clauses explaining the lawyers’ and clients’ rights to terminate their agreement and how to do it.
Should I Fire My Lawyer and Then Look for Another Lawyer?
Before you fire your lawyer, you should look for and consult other lawyers. You want a second lawyer’s opinion about your existing contract and the financial implications of firing your current lawyer. You must also make sure another lawyer will take your case. Other lawyers may be hesitant to take on a case in the final stages of negotiations, knowing that the previous lawyer may receive a significant portion of the lawyer’s fees from the settlement.
Will I Owe My Attorney Any Money If I Fire Them?
Even if you fire your attorney before a settlement, you likely still owe them for their services and expenses they incurred on your case up until their firing. According to the Virginia Supreme Court, your new lawyer must advise you on your potential liability to your previous lawyer for fees against any future settlement.
The amount you owe your first lawyer will depend on several factors, many of which are hard to determine, including:
- The amount of the settlement
- How much additional work your second lawyer must contribute to your case to achieve a final settlement
- How much of your first lawyer’s work contributed to the final settlement
You will only know some of these factors after the final settlement. You may have to negotiate with both your lawyers to reach a resolution.
However, if you fire your lawyer because of legal malpractice, you may have a claim against them for any damages you suffered because of their negligence.
Should I Fire My Lawyer If My Case Is Close to a Settlement?
If your case is close to a settlement, you should think twice about firing your lawyer. While you may have legitimate reasons, you may throw negotiations off track and delay the settlement. And because your current lawyer spent significant time and resources representing you until the end, you will owe them their contingency fee. If you hire another lawyer, you may owe two lawyers two contingency fees. This will eat into the amount of settlement that ends up in your pocket. In some cases, the combined fees of the two lawyers may exceed what you would have owed to your first lawyer had you not fired them.
Contact a Virginia Personal Injury Lawyer
If you are considering firing your lawyer, you should think carefully and critically about the effects of this decision on your case. The Virginia personal injury lawyers of Lichtenstein Law Group PLC can advise you on the consequences of firing your lawyer at any point in your settlement negotiations. The sooner you talk to us, the better. Contact Lichtenstein Law Group PLC today for a free consultation with one of our Roanoke personal injury lawyers.
John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.