When Can I Fire My Attorney in Georgia?

Lady client firing her attorney for being incompetent.

You can fire your personal injury attorney whenever you want in Georgia. However, it’s a good idea to consider the potential consequences to your case and finances before you do. If you’re unhappy with your current lawyer and how they’ve handled your case, you should immediately consult another one.

What Are Some Valid Reasons for Firing My Attorney?

Firing your attorney is a big decision you should not take lightly. But after careful consideration, you might decide that salvaging the attorney-client relationship just isn’t possible. Many accident victims fire their attorneys because:

  • They don’t receive appropriate guidance or feedback from the lawyer as needed.
  • They aren’t confident in the attorney’s abilities or competence.
  • They feel uneasy about the attorney’s judgment or legal ethics.
  • The lawyer’s actions indicate a lack of interest in the case.
  • The attorney-client relationship is contentious and full of disagreements.
  • The lawyer charges additional fees or costs not included in the contract.
  • There are frequent disagreements over key decisions, such as whether to settle or go to trial.
  • The attorney does not communicate well or respond to inquiries promptly.
  • The attorney missed a critical deadline or made another significant error.
  • The attorney pressures the client into decisions they’re not comfortable making.

Can Firing My Attorney Cause Issues with My Case?

It is your right to fire your personal injury lawyer whenever you choose. But before you do so, you should consider why you want to end the relationship, whether another attorney could make a significant difference, and how switching lawyers could affect your case. Changing counsel could lead to numerous issues depending on how far along you are in the process.

When you hire a new lawyer, they’ll need to review case-related documentation and evidence to catch up before they can get started. They also need to communicate with you about your legal goals and develop a new legal strategy accordingly. This can delay the overall process and your financial recovery.

Does It Cost Me Anything If I Fire My Attorney and Hire Another Before a Settlement Offer?

Woman seeking legal advise from personal injury lawyer.Another potential problem with firing your lawyer during a personal injury case is the cost. Personal injury lawyers often take cases on contingency. They don’t charge upfront because they plan to take a portion of any money they win for the case after it’s over. A contingency fee is a percentage of the insurance settlement or trial verdict your lawyer wins for you. They charge this as compensation for their efforts and reimbursement for case-related costs.

When you switch lawyers partway through your case, your original lawyer no longer has the opportunity to win your case and charge their fees. If you fire one attorney and hire another just before settling your case, your first lawyer might demand compensation for work they’ve already done on your case. Before you fire a personal injury lawyer late in the game, consult other attorneys who can help you decide whether the potential financial losses are worth the risk.

Firing a lawyer early on in your case isn’t usually as problematic since they likely only did a small amount of work so far. If you act quickly, you could get the representation you want from a new lawyer without your original lawyer demanding hefty fees.

If your original lawyer insists on getting paid, the overall contingency fee percentage you initially agreed to could stay the same – meaning you wouldn’t have to pay double the legal fees. Sometimes, your new attorney might split their payment with your old attorney after securing compensation for you. The best way to determine the financial implications of firing an attorney is to consult with another attorney.

What Are Attorney’s Liens?

An attorney’s lien is a claim your initial lawyer might file after you fire them. It secures their right to recover money from your settlement payment or trial award as compensation for their work on your case before you switched attorneys.

Is It Hard to Fire My Attorney?

The decision to fire a personal injury lawyer can be difficult, as can the potential fallout of your decision. However, the actual process of firing a lawyer is easy. The contract you signed to begin your attorney-client relationship will likely have a specific provision for nullification. You can usually follow simple steps to negate the agreement and fire your attorney.

How Do I Fire My Attorney?

If you decide that firing your attorney is the right move, here are the steps you can take to get started:

  • Review the contract – You should review the legal agreement you signed when you hired your attorney. Look for a section about terminating the attorney-client relationship and follow the required steps.
  • Find a new attorney – You should not fire your current lawyer before hiring a new one. You could experience significant delays in your case if you go without representation, even for a few days.
  • Provide a written letter – Always end the legal relationship in writing. Draft a letter informing your lawyer of your intention to terminate the relationship. Explicitly state that you are firing them and that they should no longer work on your case. Send the letter by certified mail with a return receipt so you have proof that they received it. In your letter, you can also request that they forward your case file to your new lawyer.
  • Inform the court – If you’re in the middle of a lawsuit, you must file a notice informing the presiding judge of your change in legal counsel. Your new lawyer can do this for you.

Contact a Georgia Personal Injury Lawyer

You should be able to trust and depend on your personal injury attorney. They’re responsible for managing your case and pursuing fair compensation for the harm you suffered. Never settle for an attorney who doesn’t care about you or your case. If you’re considering firing your personal injury lawyer, contact Sherrod & Bernard, P.C., to learn more about your options in a free consultation.

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Author: John Sherrod

John W. Sherrod is a Founding Partner of Sherrod & Bernard, P.C., who has represented injury victims and their families in Georgia for more than 30 years. A native of Marietta, Georgia, John graduated cum laude from the University of Georgia in 1984 and graduated from Mercer University’s Walter F. George School of Law at the top of his class in 1987. In addition to his law practice, John is a frequent speaker at trial lawyer functions and an active member of several professional organizations, including the Georgia Trial Lawyers Association and Southern Trial Lawyers Association.