Everyone starts an attorney-client relationship hoping that it will be a smooth one, but sometimes it just doesn’t work out. Sometimes there are performance issues, sometimes there are communication issues, sometimes the lawyer and client are just not each other’s cup of tea. For whatever reason, it sometimes happens that the client begins to give serious thought to firing their lawyer.
First, as the client, you have an absolute right to fire your lawyer. That is something that is always true. You don’t even need to have a good reason to do it.
When you fire the lawyer in a worker’s compensation case, you do not owe them any fees that the lawyer has not already earned – you can’t fire him after the case has been settled but before you get paid and get out of paying the lawyer. If you fire the lawyer before the case gets settled, your old lawyer and new lawyer will have to divide the fees from the settlement but it doesn’t cost you anything extra.
There are some reasons that you may want to think twice about firing your lawyer and getting a new one on the case:
One is that changing lawyers almost always delays the progress of the case. Not always, but it certainly can.
Second, the new lawyer may be stuck with some of the strategic choices and other decisions your first lawyer made and that makes it very difficult for the new lawyer to handle the case the way that he thinks proper.
Third, the old lawyer may have done work and know information that is not well-documented in the file and this information may be lost in the transition from one law firm to the other. There is huge potential for something important to fall through the cracks.
Our recommendation: before you fire a lawyer, try to straighten out the problems and keep working with your lawyer, but if you can’t work things out, act quickly to switch lawyers.
If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling us at 312-263-1080 to discuss your issues and what options you have. There is no obligation to hire our law firm, and there is no charge for the call.
I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this information.
We are here to help truck drivers after an on-the-job accident. Knowledge is power, and the first step in protecting your rights is to know what they are.