Can we drop our PI lawyer? Will this be more trouble than it's worth?

We have had numerous issues with a "major" personal injury lawyer" since November 2007. Never returning calls, secretary's being rude and leaving us on hold, never speaking to our actual attorney that was advertised and documented via phone recording to be "our" lawyer.

They submitted ridiculous first offer which they then dropped and countered with 75% less demand. At this point I have numerous recordings (i am in Texas, by law I am able to do so) showing cooperativeness,unprofessional,etc... behavior.

We switched from their chiropractor in the beginning due to him touching my wife inappropriately and trying to mask his charges by placing the paper on a shelf in the shadows while distracting us with conversation. At any rate this has been a nightmare!

I know I can send a letter stating I want to drop them, but because it's contingent basis how much trouble will this be. We could really use the settlement money now as I lost my job and mortgage is past due...

You could generate a few problems if you drop them without some proper preparation.

First of all, your agreement with them may entitle them to a percentage of the settlement even if you fire them. You don't want to owe a third of the settlement to two different firms.

Second, when you fire them unjustifiably, they may be able to demand compensation "quantum meruit", which means that if the contingency they would have gotten had you not fired them is less than a standard hourly rate, they can demand the standard hourly rate. You could wind up giving the entire settlement to them.

Locate the state Bar association, and ask them about filing a Grievance, and see what they can tell you that's helpful. You don't have to be totally stuck, but if you don't do this right, you can create more problems than you solve.

Yes, you can always fire him but read the contract you signed with him first. Since he's already invested $ in the lawsuit, you'll probably have to pay him these costs whether you end up winning or losing with another lawyer. Also, make sure you have another lawyer who will take the case first.

First off, before you give up on your lawyer altogether, try writing him a letter, explaining the problems you鈥檙e having with him. A formal communication of this sort may get his attention. Bear in mind that clients and lawyers frequently get frustrated with each other right before and during trial (when both client and lawyer are anxious and irritable)鈥攁nd this type of friction can often be worked out.

When it does become necessary, it鈥檚 pretty easy to dump your lawyer. You can just say: 鈥淵ou鈥檙e fired,鈥?or words to that effect. However, if your lawyer has come to court on your behalf and 鈥渕ade a general appearance鈥?(gone on record as your lawyer), then she has to get the judge鈥檚 permission to withdraw from your case. And the judge will want whoever鈥檚 taking over to 鈥渟ubstitute in as the new attorney of record.鈥?

If you鈥檙e just switching from one private attorney to a different private attorney, the lawyers themselves will handle the paperwork.

If you鈥檙e firing your attorney and planning to represent yourself, then the judge has to hold a Faretta hearing to decide whether you鈥檙e competent to do so (see Representing Yourself).

If you鈥檝e got a public defender whom you don鈥檛 like, it can be difficult to get a different court-appointed lawyer. First, you should try talking to your attorney鈥檚 supervisor about it. Even if you鈥檙e not given a new lawyer, the one you鈥檝e got may work harder, knowing that the supervisor is paying attention. If this is not satisfactory, you can ask the judge to appoint a different attorney, but judges are reluctant to do so, particularly if you鈥檙e close to trial. You may have to convince the judge that your public defender has behaved really inappropriately or else completely ignored you, and there鈥檚 no way you can work together effectively. It will help if you keep a list of your lawyer鈥檚 offensive or inadequate actions and statements, and write letters to your lawyer describing the problem you鈥檙e having with him (keep copies, of course).

If you change lawyers, it will almost always delay your case. The new lawyer will want to ask the judge for a continuance (extension), in order to digest all the information in the case and undertake tasks that the old lawyer didn鈥檛 do.

If you fire a privately retained lawyer, you don鈥檛 necessarily get any of your money back. Most fee agreements state that the fee is non-refundable. If you鈥檙e parting from your lawyer on reasonably friendly terms and she hasn鈥檛 done much work yet, you may be able to negotiate a partial refund鈥攂ut don鈥檛 count on it.

If you鈥檝e fired your lawyer, he鈥檚 required to give a copy of the file he created for your case to the new lawyer (or to you, if you鈥檙e representing yourself). It鈥檚 illegal for an attorney to hold the file hostage, even if you owe him money.

RelativelySpeaking, I'm sorry to hear about your situation. I was injured once when a delivery truck backed over my left foot at work. My company tried to settle with me quickly because they knew it wasn't my fault. I called a local personal injury lawyer in my city who provided me great advice and I was able to get a medium sized settlement to cover my hosptial bills that weren't covered by my work insurance. I'd suggest you find a personal injury in your city. http://www.accidentlawyerlocator.com My injury lawyer was helped me because they hope to make some money at the same time. Try visiting a personal injury lawyer to see if they can help.

Sorry to hear about your situation.