Can I Fire My Attorney After Signing a Retainer?

When you have legal issues, you find a lawyer that can best represent you and your interests. After evaluating the different attorneys, choosing one, and signing a retainer, you may feel some relief. The last thing you need is to have problems after signing the retainer.

However, despite your research and knowledge, the attorney you’ve signed a retainer agreement with may sometimes disappoint you, thus, making you consider a change. This period can be challenging if you don’t know how to proceed.

Boulton Law Group never advises anyone to fire their attorney without serious consideration and only as a last resort.

Can I Fire My Attorney?

Clients have an absolute right to discharge or fire their lawyers. Signing a retainer doesn’t mean that you’re joined at the hip with your lawyer until the justice system’s parties resolve your case. This case holds regardless of your case’s type or the retainer you signed. People often fire attorneys for various reasons, such as believing improved client service can be found elsewhere.

What Is a Retainer?

A retainer agreement is a signed document you provide a law firm or lawyer that officially announces and outlines the client-attorney relationship.

Types of Retainers

There are various types of legal retainers. Some retainers are hourly, meaning you provide the attorney money upfront, and the lawyer gets some of their pay from this sum for hourly work done. A contingent fee retainer prevents you from paying the firm until your case is settled. If you get a favorable judgment, the lawyer collects their payment from your compensation.

Retainers don’t give an attorney power to keep you as a client. You can decide when to terminate the lawyer-client relationship. The attorney must abide by your decision if you fire them.

Five Steps to Follow When You Fire an Attorney

Once you’ve decided to fire your attorney, make the decision final and formal. Inform the lawyer of your decision so they cease handling your case. While the process is similar in most cases, it can differ based on your agreement with the attorney, your case’s stage, and other factors. The steps often are:

1. Review the Retainer Agreement

The retainer agreement, also called the fee agreement or engagement letter, contains the terms for your engagement with the lawyer. It can also state how to terminate the arrangement. If the retainer contract has this framework, follow it to halt your association with the attorney.

2. Hire a New Attorney

Secure new legal representation before terminating your relationship with an attorney. This step ensures you don’t suffer any lapse in legal counsel. For example, you can avoid transitional delays that may drag your case longer. The new attorney can also evaluate your retainer with the lawyer you intend to let go and advise you.

3. Send a Termination Letter to Fire an Attorney

You can send this letter by registered or certified mail to have proof that the lawyer got the letter. Generally, you do these things in the letter:

• You can include a short and formal line informing the lawyer of your decision to end the client-attorney relationship, and you’ll no longer require their legal services. You can choose whether to include a reason.
• Ask the lawyer to cease working on all pending issues.
• Request the attorney and their firm to return your files. These documents can include letters you may have written to the lawyer instructing them about your suit, exhibits you availed to them, and other personal information or records. These files belong to you, and you should recover both copies and originals.
• Request an itemized list of charges indicating all outstanding expenses and fees, if any exist.

4. Finalize the Arrangement Regarding the Transfer of Files

The lawyer should acknowledge your termination letter and suggest a plan for how you’ll get your files. Finish this step quickly to help your new attorney get up to speed with your case as soon as possible.

5. Inform the Court

If your case was in court, inform the court of your change of representation. The new attorney can handle this step alone or with your previous counselor. If there are no disputes about compensation for the work done by your previous attorney, these steps should run smoothly.

Learn More About Firing an Attorney After Signing a Retainer

While leaving your previous attorney can be challenging, you may have decided it is unavoidable. Boulton Law Group is well-trained, experienced, and reliable. We can help advise your on what your next steps should be to help ensure the best outcome for your particular situation.