How to Fire Your Attorneys with a Letter

Legal Advice

If you already have legal representation, then you should get your advice from them. It is okay to get information from this website, but this is not legal advice. Only your attorneys can give you legal advice.

The Why of Attorney/Client Problems

Clients and attorneys have problems for many reasons. Here are a few reasons why:

• the case ends up with bad results, and nobody is happy.
• the attorneys seem to be not working hard enough
• the client expects too much
• the attorneys don’t listen to what the client says
• the client doesn’t listen to what the attorneys say
• the attorneys don’t take the time to clearly explain what is going on
• the client won’t do their fair share
• the attorneys are too busy or otherwise unavailable
• the possibilities are endless

Why won’t my attorneys or paralegals call me back?

I can’t speak for them, but they have their reasons. We will say this:

• They often won’t call you because of the time it takes to connect, listen, empathize, chat, and answer.
• Sometimes, it is best to put your questions into an e-mail. This can save a lot of time, and it cuts to the chase.
• An email makes it easier for you to stay focused on the issue’s substance and allows them to answer once and be done. Try it—it might work.

What to do if you are having problems with your attorneys:

• Work it out
• Put up with it
• Replace the attorneys

Before you do anything rushed, do this two-step analysis to help find the problem:

• First, look carefully at your situation and your personality type. Are you the type of person that has problems with lots of people? Do you have problems with your doctor? Your claims manager? Your spouse? Do you have a problem with authority figures? Do you have unrealistic expectations? Answer these questions truthfully, then look at how you handled the attorney/client relationship. If you have problems with almost everybody, then the problem with your attorneys is probably your problem. For you, we suggest that you don’t replace your attorneys, rather try and work it out.
• Second, if it looks like the problem is your attorneys, then try to figure out where the problem has occurred:
• Is there a lack of communication?
• Do you have different expectations?
• Do you fully understand the time and effort it takes to push L&I along?
• Do your attorneys fully appreciate your situation?
• Have you been offered mental health counseling for the problem your injury is causing?
• Do the attorneys have proper paralegal support to help you?

If the problem is your attorneys, what are you going to do?

Work it out. We suggest you make an in-person or telephone appointment with your attorneys to discuss the problem. Be prepared to state your version of the problem with specifics so they understand and take your concerns seriously. At the meeting, don’t be shy; state your position firmly, listen to the attorneys and see if you two can figure out the problem and work out your differences. If your attorneys have worked your case for years with little or no compensation, you owe them the courtesy of trying hard to work this out.

Put up with it. Sometimes, it’s best to realize there will be some differences, accept the current situation, and make the best of it.

Fire your attorneys: First are these seven things you better think about if you might fire your attorneys:

1. How good is your case? If you have a great case, it’s easy enough to get other good attorneys. If your case is not so good, no other attorney may be interested in helping you. If your case is not so good and you fire your lawyers, then you may be on your own. Many workers’ comp attorneys will be slow to take a marginal case when the previous lawyers were fired.
2. How good a client are you? Are you a model client with reasonable expectations who follows instructions, helps solve problems, calls only when appropriate, and treats staff courteously? Or are you an obnoxious client who doesn’t listen, doesn’t help, treats staff rudely, and will soon alienate the next attorneys who try to help? Be careful here. If you are difficult to work with and complain loudly or treat staff rudely, the new lawyers may fire you.
3. Look at your current fee agreement and see what will happen if you fire the lawyers. Anything you agreed to is important, so think carefully about what it means.
4. Realize that the new lawyers you hire may be better, worse, or no different. How many times have you had to change attorneys?
5. Switching attorneys may also cost you money or cause you to lose some ground. It is similar to changing horses midstream and is seldom the best plan. However, sometimes, it is better than not making it across at all.
6. Not having legal representation could be better or worse than having an attorney who isn’t doing the job.
7. If your case is in the middle of the appeal process, it is seldom wise to switch attorneys.

How to fire your attorneys. Write the attorneys a letter and include the following:

1. Tell them they are fired effectively immediately.
2. Change your mailing address from their office to your address. Tell L&I the same.
3. Ask for a copy of your file from the attorneys.
4. You can replace your attorneys with yourself or with other attorneys. If you replace your attorneys, change the mailing address for your insurance company claim or claims manager.