Can You Fire Your Lawyer in Arizona?

It’s not unheard of for the plaintiff in a personal injury case to become dissatisfied with their initial legal counsel over concerns about the lawyer’s performance, disagreements over case strategy, or simple personality clashes. In Arizona, clients can fire their attorneys for any reason. Clients also have the right to seek advice from another attorney before deciding whether to move on from their personal injury counsel. 

Before deciding to switch counsel in your personal injury case, you should consult with another attorney about your rights and obligations when you fire your lawyer.

What Would Be Some Reasons for Firing My Lawyer?

There are many different reasons someone might decide to move on from their personal injury lawyer. Here are some of the most common:

• The attorney demonstrates a lack of competency or confidence in their ability to recover compensation in the case.
• The attorney fails to update the client on the progress of the case.
• The attorney never picks up the phone and doesn’t return voicemails, texts, or emails promptly or at all.
• The attorney shows up late for or misses court hearings or is unprepared.
• The attorney makes no effort to advance the case, such as not keeping regular contact with the insurance companies, investigating potential legal strategies, or responding to settlement offers.
• The attorney offers vague or confusing explanations about their fees or case expenses.
• The attorney has a poor track record of success.
• The attorney refuses to follow the client’s preferred direction for the case strategy without trying to explain the reason for their preferred strategy.
• The attorney attempts to pressure the client into a quick settlement.
• The client suspects the attorney may have engaged in unethical or illegal conduct in their case.

If you have issues with your attorney’s performance or working relationship, consider speaking with them about your dissatisfaction. A discussion may convince your attorney to improve their performance or conduct, avoiding the need to switch counsel. For example, you and your attorney might agree to communicate primarily via email if they can respond to emails more quickly than phone calls and voicemails.

Can I Fire My Lawyer Even If the Case Is About to Be Settled?

You can fire your personal injury lawyer even after you’ve successfully negotiated most of the material terms of a settlement. However, if you bring a new attorney in during an advanced stage of settlement negotiations, you might delay your settlement. Your new lawyer will need time to get up to speed in the case and may have different advice regarding settlement terms you and your prior attorney have already agreed to.

Will I Owe Money to the Lawyer I Am Firing?

When you fire your personal injury lawyer, your fee agreement with your attorney may govern any financial obligations you have to them. Under the terms of your fee agreement, your old attorney may have the right to a percentage of any financial recovery secured by your new attorney. The exact percentage may depend on the status of your case or the amount of work your old attorney has already performed on your behalf.

Even if your fee agreement does not expressly spell out the amount of money you may owe to your old lawyer, they may have the right to file an attorney’s lien against your case to recover the fair value of the work they performed for you.

What Steps Should I Follow When Firing My Lawyer?

Once you decide to fire your personal injury lawyer, the first step is to hire a new attorney. If you want new legal counsel, having a new lawyer lined up can prevent delays in your case. Review your fee agreement with your old lawyer to understand what financial obligations you may have after discharging them.

Next, send your attorney a written termination letter. The letter should inform the lawyer that you have discharged them from your case and request that the lawyer promptly forward a copy of your case file. If your case has already ended up in court, your new attorney will file a substitution of counsel with the trial court.

Can My New Lawyer Help with the Process of Firing My Old Lawyer?

The ethics rules governing the legal profession restrict lawyers’ ability to communicate with clients already represented by other counsel concerning the subject of that representation. The rules generally prohibit attorneys from soliciting a client who already has legal counsel. However, you can seek outside counsel to understand the process of switching attorneys and what obligations you may have to your old lawyer.

Once you’ve fired your old attorney and hired a new one, your new lawyer can help with the transfer by overseeing the changing of counsel of record with the trial court and obtaining your case file from your old lawyer. Letting your new lawyer handle this process means you can avoid further communication with your old attorney, which might be especially helpful if your relationship has soured.

How Do I Choose a New Personal Injury Attorney?

Because most personal injury attorneys offer free initial consultations, it’s easy to meet with several prospective lawyers to find the right one for your case. Research potential options to learn more about their experience, certifications, track record, and client reviews. Remember to ask questions during initial consultations, including about the issues that led you to fire your old lawyer. Finally, trust your gut after speaking with prospective lawyers. If you feel uncomfortable with an attorney, move on to the next choice.

Contact an Arizona Personal Injury Lawyer

Are you thinking of changing legal counsel in your personal injury claim? If so, you deserve an in-depth conversation with an experienced personal injury attorney to find the right one for you. Contact Mushkatel, Robbins & Becker, PLLC today for a free, no-obligation consultation to discuss how our Arizona personal injury attorneys can help with your case.

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