Can you fire your attorney? The simple answer is yes. You can fire your lawyer, however, you cannot fire them without good cause. To fire your lawyer you must be able to prove, in writing, that your lawyer is not doing what they are supposed to be doing in your case. The following is a discussion with Vuk Vujasinovic about how and when to fire your attorney. Vuk and the team have years of experience helping people seek new representation.
"Sometimes people ask if they've hired a lawyer and signed a contract for a contingency fee, can they fire that lawyer or not?
The answer is yes, you can definitely fire a lawyer who you've hired on a contingency contract. However, there are two possible outcomes that can come beyond that.
First of all, if that lawyer says "fine, I don't want any of your part of the case in the future" you're fine, you go hire a new lawyer and you don't need to worry about that.
Another scenario is if that lawyer says "well you can terminate me but I'm gonna keep my contingency interest in your case."
That's sort of a problem because now you're faced with possibly paying two lawyers a contingency fee, and that's gonna eat up a lot of your case. And so here's how it works when the lawyer you terminated tries to keep the contingency interest.
If you can show you had "good cause" for firing the attorney, then typically they're not gonna be able to keep their interest. If you cannot show that you had good cause to fire them, well then in most cases they will be able to keep that interest.
Now keep in mind, whether or not you had good cause, that might be the subject of an entirely different claim or lawsuit between you and that attorney and that's something that will have to get worked out sometimes through that method.
One reason to fire an attorney would be if the attorney does not communicate with you and does not keep you updated on the status of your case. That's a big problem and if that's the case, most of the time you'll be able to show good cause."
- Vuk Vujasinovic
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