Can I fire my lawyer before the settlement in Virginia

The quality of your lawyer can make or break your case. If you feel that your lawyer is jeopardizing your settlement, can you fire them?

You can fire your lawyer before settling if you want to. But just because you can, doesn’t always mean you should. 

What Are Some Reasons for Firing Your Lawyer?

You deserve a skilled, responsive, and honest lawyer when seeking compensation for a devastating injury. Anything less could negatively affect the outcome of your case. Here are some legitimate reasons to fire your lawyer:

• Lack of communication – Failing to respond promptly to your calls, emails, or requests for updates is a good reason to fire your lawyer. You deserve regular, consistent, and prompt communication from your legal representative.
• Incompetence or inadequate representation – If you believe your lawyer lacks the necessary skills, knowledge, or experience to handle your case, it may be a valid reason for termination. Items that might suggest you need to make a change may include missing a deadline, losing key evidence, or making mistakes in forms and filings.
• Ethical violations – Lawyers must follow a code of professional ethics. Any breach of their ethical obligations is valid grounds to fire your lawyer and could result in professional consequences for them. Examples of ethical violations may include breaching confidentiality, making a decision without your consent, asking you to lie, or hiding things from you.

What Issues May Be Out of My Lawyer’s Control?

While an attorney has the power to shape their own strategy and work ethic, the problems that come with a claim often result from many complex factors. When you’re deciding if you should fire your lawyer, it is essential to understand that some issues affecting your case may be beyond their control. These include:

• Court schedules and delays – The legal system often moves slowly, and your lawyer has no power over court dates or judicial backlogs.
• Insurance company tactics – Insurance companies may use delay tactics or lowball offers, which your lawyer must work around.
• Witness availability – Your lawyer cannot always force witnesses to cooperate or testify.
• New evidence – Unexpected evidence may emerge, requiring your lawyer to adjust their strategy.
• Opposing counsel’s actions – Your lawyer cannot control the other side’s legal team or their approach to the case.

Understanding these factors can help you distinguish between legitimate legal issues and external challenges. If you are unsure whether a problem stems from your lawyer’s performance or outside factors, consider seeking a second opinion before making a decision.

Should I Fire My Virginia Lawyer If the Insurance Company Refuses to Negotiate Any Further?

When an insurance company refuses to negotiate, it does not necessarily reflect poorly on your lawyer’s skills. In fact, this situation often calls for a more aggressive approach, which your current lawyer may be well-equipped to handle. Before considering terminating your lawyer, ask yourself:

• Has my lawyer explained why the negotiations with the insurance adjuster have stalled?
• What alternative strategies has my lawyer proposed?
• Does my lawyer recommend filing a lawsuit to put pressure on the insurance company?
• Has my lawyer provided me with a clear plan for moving forward?

If your lawyer has a solid strategy for addressing the stalemate, firing them might be counterproductive. However, it may be time to explore other options if you feel your lawyer is not being proactive or transparent about the next steps.

Am I Allowed to Get a Second Opinion from Another Lawyer Before Firing Mine?

You are absolutely allowed to seek a second opinion before deciding whether to part ways with your current attorney. In fact, we encourage this step when dealing with disputes with a lawyer. Getting another perspective can help you:

• Determine whether your concerns are justified
• Understand if your case is being handled appropriately
• Explore alternative strategies you might not have considered
• Assess the potential impact of changing lawyers at this stage

When seeking a second opinion, be prepared to share your current lawyer’s contract and case details with the new attorney. They will need this information to provide an informed assessment of your situation. Remember, consulting another lawyer does not obligate you to hire them or fire your current attorney. It is simply a way to gather more information before making a crucial decision about your legal representation.

Should I Ask for a Copy of the Contract I Signed with My Attorney Before I Fire Them?

If you’re considering firing your lawyer, you should obtain and review a copy of the current contract before you take any concrete steps. This document outlines the terms of your agreement, including:

• The scope of your lawyer’s services
• The fee structure and payment terms
• Conditions for terminating the attorney-client relationship
• Any financial obligations you may have upon termination

Having this information will help you understand your rights and responsibilities when ending the relationship. It may also reveal potential financial implications, such as owing fees for work already completed. Many clients are shocked by how much money they are obligated to pay their former attorney after switching to a new one. Reviewing your contract with your legal representative can help avoid unpleasant surprises. Contact our Roanoke personal injury lawyer today!

Should I Be Concerned About My Lawyer If My Case Is Taking a While to Settle?

A lengthy settlement process does not necessarily indicate poor performance by your lawyer. Many factors can extend the timeline of a personal injury case, including:

• The severity of your injuries
• The nature and extent of your ongoing medical treatment
• The complexity of liability issues in your case
• The amount of damages you are seeking
• The negotiation tactics of the at-fault party’s insurance company
• Any court backlogs if litigation becomes necessary

However, if you are concerned about the duration of your case, you have a right to ask your lawyer for a detailed explanation of its status and the factors affecting its progress. If you are unsatisfied with their response or suspect unnecessary delays, consider seeking a second opinion to determine whether your concerns are warranted.

Do I Need the Court’s Permission or an Agreement from My Attorney?

You do not need the court’s permission or an agreement with your attorney to fire them during settlement negotiations. You have the right to choose whomever you want to represent you.

Things get a little more complicated if you fire your lawyer after filing a lawsuit to proceed to trial. In that situation, your new lawyer must file a substitution of counsel with the court.

What Are the Steps for Firing My Lawyer in Virginia?

If you’ve decided to proceed with terminating your relationship with your current personal injury attorney, follow these steps:

• Review your contract – Understand your obligations and any termination procedures outlined in the agreement.
• Communicate your decision – Inform your lawyer in writing that you have decided to terminate their services. Be professional and concise.
• Request your case file – Ask for a complete copy of your case file, including all documents and correspondence.
• Settle outstanding fees – Discuss and resolve any unpaid fees or expenses.
• Hire a new lawyer – If your case is ongoing, secure new representation as soon as possible to avoid delays that could harm your claim.
• Notify relevant parties – Inform the court (if a lawsuit has been filed) and other involved parties of the change in representation.

Remember, while you have the right to fire your lawyer in Virginia at any time, doing so mid-case can have significant consequences. Carefully consider your decision and its potential impact on your case’s outcome.

While firing your lawyer before reaching a settlement is possible, it is a decision that requires careful consideration. Evaluate your reasons, review your contract, and consider seeking a second opinion before taking this step. If you do decide to change lawyers, follow the proper procedures to ensure a smooth transition and protect your legal interests.

Is It Hard to Fire My Lawyer?

Firing a lawyer is typically very easy. You must simply inform them in writing that you are terminating the attorney-client relationship. But before firing your attorney, you should:

• Consider why – Critically consider why you want to fire your lawyer. Are you angry about something that is outside your attorney’s control? Are you frustrated at the pace of negotiations with the at-fault party’s insurance company or disappointed at the amount of the early settlement offers? These may not be good reasons to fire your lawyer.
• Talk to your lawyer – Tell your lawyer you are not pleased with their services. This will provide them an opportunity to explain themselves and correct the issue.
• Review the contract – When you first hired your lawyer, you signed a contract with them. Review that contract and ask a second attorney to review it as well. Contracts often contain termination clauses explaining the lawyers’ and clients’ rights to terminate their agreement and how to do it.

Should I Fire My Lawyer and Then Look for Another Lawyer?

Before you fire your lawyer, you should look for and consult other lawyers. You want a second lawyer’s opinion about your existing contract and the financial implications of firing your current lawyer. You must also make sure another lawyer will take your case. Other lawyers may be hesitant to take on a case in the final stages of negotiations, knowing that the previous lawyer may receive a significant portion of the lawyer’s fees from the settlement.

Will I Owe My Attorney Any Money If I Fire Them?

Even if you fire your attorney before a settlement, you likely still owe them for their services and expenses they incurred on your case up until their firing. According to the Virginia Supreme Court, your new lawyer must advise you on your potential liability to your previous lawyer for fees against any future settlement.

The amount you owe your first lawyer will depend on several factors, many of which are hard to determine, including:

• The amount of the settlement
• How much additional work your second lawyer must contribute to your case to achieve a final settlement
• How much of your first lawyer’s work contributed to the final settlement

You will only know some of these factors after the final settlement. You may have to negotiate with both your lawyers to reach a resolution.

However, if you fire your lawyer because of legal malpractice, you may have a claim against them for any damages you suffered because of their negligence.

Should I Fire My Lawyer If My Case Is Close to a Settlement?

If your case is close to a settlement, you should think twice about firing your lawyer. While you may have legitimate reasons, you may throw negotiations off track and delay the settlement. And because your current lawyer spent significant time and resources representing you until the end, you will owe them their contingency fee. If you hire another lawyer, you may owe two lawyers two contingency fees. This will eat into the amount of settlement that ends up in your pocket. In some cases, the combined fees of the two lawyers may exceed what you would have owed to your first lawyer had you not fired them.

Contact a Virginia Personal Injury Lawyer

If you are considering firing your lawyer, you should think carefully and critically about the effects of this decision on your case. The Virginia personal injury lawyers of Lichtenstein Law Group PLC can advise you on the consequences of firing your lawyer at any point in your settlement negotiations. The sooner you talk to us, the better. Contact Lichtenstein Law Group PLC today for a free consultation with one of our Roanoke personal injury lawyers.