Changing Lawyers
This section will inform you how to switch from one attorney to another
during the handling of your legal matter. However, before you switch
attorneys, you must first terminate or end the attorney/client
relationship with your first lawyer.
Thus, you must first tell your attorney that you no longer want him or
her to continue representing you. The best way to do this is by written
letter followed by a telephone call confirming your intentions. That
way, both you and your attorney will know that you intend to end your
attorney/client relationship.
The attorney that you are firing may expect to be paid for his or her
legal services until the time of termination. He or she may also expect
to be reimbursed for any legal costs which have been advanced on your
behalf. Usually, your first attorney will keep your file until you pay
for the services already provided as well as any costs which have been
advanced to you. However, that attorney is not permitted to keep your
personal documents such as deeds, titles, or stock certificates. The
attorney can and will keep his or her work product, that is what he or
she has done so far on your case until paid. Once your first attorney
has been paid, he or she must return your file to you or send it to
your new lawyer.
If your first lawyer was hired on a contingency basis, there are some
extra things to keep in mind. A contingency case is one on which the
attorney has invested time with the expectation of being paid for that
time with a percentage of the amount which you may be awarded. In a
contingency fee case, your first attorney is entitled to payment for
the services that he or she provided to you even though the agreement
was that the attorney would be paid later. Thus, you may have to
negotiate with your first attorney to decide how that attorney will be
paid in the event that you obtain a recovery either by settlement or by
judgment. Sometimes, your new attorney may be able to assist you in
negotiating with your first attorney on these matters.
It is important for you to realize that most attorneys will not agree
to represent you until you have ended your attorney/client relationship
with your first attorney and have your file available for review by
your new attorney. Only by reviewing your file can your new attorney
evaluate the work which has been done on your behalf and determine how
much more work remains to be done. In most cases, your new attorney
will be able to evaluate the quality of the work which has already been
performed on your behalf. Your new attorney will also probably want to
know what problems existed between you and your first attorney so that
the same problems do not occur again in your new attorney/client
relationship.
Are you having
problems communicating with your lawyer? Click here to read more before
you decide to change lawyers.