How to Fire a Lawyer

Lawsuits can get complicated and sometimes things don’t go as planned. Many times a dispute arises between a client and an attorney that can’t be resolved. Dismissing a lawyer is not a complicated process, in itself. You have the right to fire your lawyer at any time. However, complications may arise as a result of firing a lawyer. Changing lawyers may result in delays that are prejudicial to your case. Also, a change in lawyers may cost you to incur additional legal fees while the new attorney gets up to speed on your case. And remember, you still may owe money to the attorney that you fired for work already done on your case.

Firing an attorney is not an action that should be taken lightly. Carefully evaluate your situation before deciding to switch lawyers. You may find that your differences can be resolved. However, if you must fire your lawyer, take a few appropriate measures to avoid any future misunderstandings.

Notification

Proper notification informing an attorney that you wish to terminate their services is essential. You can terminate the attorney’s services with a phone call, letter, email or do it in person. Make sure you tell the lawyer when the termination is to take effect. It is important that you accurately document the date and time of the lawyer’s termination. If you dismiss your lawyer by phone or email, ask the lawyer to immediately provide written confirmation of his termination.

Follow Up

Send the lawyer a certified letter reaffirming effective date and time of his termination. Keep a copy of the letter and the return receipt proving delivery of the letter for your records. You may need this as evidence if a dispute later arises over the legal bill. You do not want to be responsible for fees occurring after the lawyer’s termination.

Substitution of Attorney

Make sure that the lawyer that you fired sends you a signed Substitution of Attorney form. The Substitution of Attorney form must be signed by your old lawyer and your new lawyer to be effective. This form notifies the court and opposing parties of your change in legal representation. This will ensure that all relevant court documents are sent to the proper lawyer.

Firing or dismissing a lawyer should be done properly. You should take the proper precautions when firing an attorney to avoid any future misunderstandings.