When you have legal issues, you find a lawyer that can best represent you and your interests. After evaluating the different attorneys, choosing one, and signing a retainer, you may feel some relief. The last thing you need is to have problems after signing the retainer.
However, despite your research and knowledge, the attorney you’ve signed a retainer agreement with may sometimes disappoint you, thus, making you consider a change. This period can be challenging if you don’t know how to proceed.
Boulton Law Group never advises anyone to fire their attorney without serious consideration and only as a last resort.
Clients have an absolute right to discharge or fire their lawyers. Signing a retainer doesn’t mean that you’re joined at the hip with your lawyer until the justice system’s parties resolve your case. This case holds regardless of your case’s type or the retainer you signed. People often fire attorneys for various reasons, such as believing improved client service can be found elsewhere.
A retainer agreement is a signed document you provide a law firm or lawyer that officially announces and outlines the client-attorney relationship.
There are various types of legal retainers. Some retainers are hourly, meaning you provide the attorney money upfront, and the lawyer gets some of their pay from this sum for hourly work done. A contingent fee retainer prevents you from paying the firm until your case is settled. If you get a favorable judgment, the lawyer collects their payment from your compensation.
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Retainers don’t give an attorney power to keep you as a client. You can decide when to terminate the lawyer-client relationship. The attorney must abide by your decision if you fire them.
Once you’ve decided to fire your attorney, make the decision final and formal. Inform the lawyer of your decision so they cease handling your case. While the process is similar in most cases, it can differ based on your agreement with the attorney, your case’s stage, and other factors. The steps often are:
The retainer agreement, also called the fee agreement or engagement letter, contains the terms for your engagement with the lawyer. It can also state how to terminate the arrangement. If the retainer contract has this framework, follow it to halt your association with the attorney.
Secure new legal representation before terminating your relationship with an attorney. This step ensures you don’t suffer any lapse in legal counsel. For example, you can avoid transitional delays that may drag your case longer. The new attorney can also evaluate your retainer with the lawyer you intend to let go and advise you.
You can send this letter by registered or certified mail to have proof that the lawyer got the letter. Generally, you do these things in the letter:
The lawyer should acknowledge your termination letter and suggest a plan for how you’ll get your files. Finish this step quickly to help your new attorney get up to speed with your case as soon as possible.
If your case was in court, inform the court of your change of representation. The new attorney can handle this step alone or with your previous counselor. If there are no disputes about compensation for the work done by your previous attorney, these steps should run smoothly.
While leaving your previous attorney can be challenging, you may have decided it is unavoidable. Boulton Law Group is well-trained, experienced, and reliable. We can help advise your on what your next steps should be to help ensure the best outcome for your particular situation.
Author Matt Boulton
Attorney Matt Boulton is an award-winning personal injury attorney with more than 25 years of experience helping seriously injured people throughout Indiana. He designed his firm for the client who expects exceptional service and passionate, successful legal representation.