You’ve hired a personal injury lawyer in New Bedford, but things aren’t going as smoothly as you expected. Maybe communication has broken down, or you feel like they’re no longer looking out for your best interests. While you have every right to fire your lawyer, you might be wondering if you’ll still owe them money.
Will You Still Need to Pay After Firing Your Lawyer?
Personal injury attorneys usually work on a contingency fee basis, meaning they only get paid if they win your case. However, if you decide to fire your lawyer, you might still need to pay for the work they’ve done under quantum meruit, which is a legal concept that decides fair compensation for their services so far.
The amount you owe depends on when you choose to let them go. For example, if you fire your lawyer during the litigation phase, the fee might be higher compared to firing them earlier in the process, like during the discovery phase.
What to Consider Before Firing Your Lawyer
Even though you have the right to fire your lawyer at any point, there are a few important things to think about:
Avoid Acting on Emotions
Firing your lawyer should be a thought-out decision, not an emotional one. You might be frustrated because they aren’t returning your calls, or the case feels like it’s dragging on. However, it’s crucial to take a step back and assess the situation calmly.
Consider meeting with your lawyer to discuss your concerns. Often, communication issues can be fixed with a straightforward conversation, and there may be legitimate reasons for any delays. Many clients experience doubts about their lawyer’s ability at some point, but these issues are often resolved without taking drastic steps.
Fixing Communication Issues
Poor communication is one of the most common reasons clients feel dissatisfied with their lawyer. If you’re unsure why the case is taking longer than expected or why your calls aren’t being answered promptly, it’s worth arranging a meeting to clarify things.
That said, there are situations where the lawyer’s performance is genuinely lacking. If they come unprepared to mediations or push for a low settlement when trial seems like a better option, those are serious red flags. In such cases, it may be time to look for a new lawyer.
Challenges in Finding a New Personal Injury Lawyer in New Bedford
After deciding to fire your lawyer, you might find that hiring a replacement isn’t as easy as you thought. Many lawyers are cautious about taking clients who’ve fired their previous attorney, as it could suggest the client is difficult or has unrealistic expectations. This can make some attorneys reluctant to take on your case.
To avoid this, it’s essential to be honest with your new lawyer about why you left your old one. Being upfront helps build trust and shows that you’re not just a “problem client.”
Will You Owe Your Old Lawyer a Fee?
If you fire your lawyer without a strong reason, you’ll likely owe them a fee. In most states, if you part ways with your lawyer before receiving any financial recovery, you’ll need to pay them under quantum meruit. The amount will depend on how much work they’ve done on your case.
However, if you have good cause for firing them—such as misconduct or ethical violations—they won’t be entitled to any fees. You might even have grounds to report them to the state bar.
What Constitutes Good Cause?
Good cause typically involves serious issues like unethical behavior or misconduct. For example, if your lawyer asks you to do something illegal, like bribing a judge or falsifying medical records, this would be clear grounds for firing them.
Thankfully, these extreme situations are rare. More commonly, clients fire their lawyers because they’re unhappy with the case’s progress, feel the lawyer undervalued it, or believe the lawyer isn’t communicating effectively.
Vetting Your New Lawyer
When hiring a new lawyer, make sure to go over payment terms carefully. You’ll need to figure out how much you’ll pay your new lawyer while considering what you might still owe the old one. One option is to ask the new lawyer to accept the same fee arrangement you had with your previous attorney, minus what you owe the first lawyer. However, not all lawyers will agree to this, so it’s crucial to clearly understand the fee arrangement before moving forward.
Final Thoughts: Make the Change with Confidence
If you or a loved one has been injured in New Bedford and you’re not satisfied with your current lawyer, don’t hesitate to take control of your case. Just make sure your decision is based on solid reasoning, and be aware of the potential legal and financial consequences. With careful planning and the right approach, you can find a lawyer who will better represent your interests and help you get the compensation you deserve.
