Firing Your Massachusetts Personal Injury Attorney
Unfortunately the attorney/client relationship can deteriorate. For a myriad of reasons, sometimes a personal injury victim feels the need to fire their Massachusetts personal injury attorney when things sour with the current lawyer.
People from time to time contact me and say they are not satisfied with their representation. These people have common questions, and here are some answers to some of these frequently asked questions about parting ways with an attorney:
Am I Allowed To Fire My Lawyer?
Yes. In fact, you don’t even need a reason. The attorney/client relationship is at its core a contractual relationship. You have the right to end the relationship at any time if you need to find new counsel.
Chances are your lawyer (like all lawyers) has had clients leave. Your lawyer also has likely taken over files from other lawyers.
How Do I Fire My Lawyer?
You (or your new lawyer if you have hired one) need to send a letter to your former lawyer advising that he has been discharged as your lawyer.
The former lawyer will then send you your file. If you have a new lawyer he will send a letter to the former lawyer requesting your file.
How Is My Former Lawyer Paid?
With personal injury cases, your former and current lawyer will likely work out an arrangement on how to divide the eventual fee. You generally will not pay additional fees as a result of changing lawyers.
That means the legal fee will remain at the 1/3 contingency that was originally in place with your former lawyer.