What Happens If You Fire Your Attorney on a Contingency Case?

Deciding to fire your attorney during a contingency case is a significant decision that can impact your legal claim. While you have the right to change lawyers if you are dissatisfied with their services, there are important considerations and potential consequences. This article explores what happens when you fire your attorney in a contingency case and how to navigate this process effectively.

What Is a Contingency Case?

In a contingency case, the attorney agrees to take a percentage of the final settlement or judgment as their fee, instead of charging hourly or upfront. If you don’t win the case, the attorney typically does not get paid.

However, firing an attorney during a contingency case can raise issues regarding compensation for the work they’ve already done.

Steps to Take If You Want to Fire Your Attorney

1. Review Your Fee Agreement

The first step is to carefully read the contingency fee agreement you signed with your attorney. The agreement will outline the terms of payment and what happens if you terminate the attorney-client relationship before the case is resolved.

2. Communicate Your Concerns

Before firing your attorney, consider discussing your concerns with them. In some cases, misunderstandings can be resolved through open communication. If you’re still dissatisfied, proceed with terminating the relationship.

3. Notify the Attorney in Writing

If you decide to fire your attorney, provide written notice. Your letter should:

Clearly state your decision to terminate their services.
Request a copy of your case file and any documents related to your claim.
Ask for an accounting of their time and expenses on the case.

What Happens to the Contingency Fee?

1. Attorney’s Right to Payment

When you fire an attorney on a contingency case, they may still be entitled to compensation for the work they’ve performed. This is typically calculated based on:

Quantum Meruit: This legal principle allows the attorney to recover payment for the reasonable value of their services up to the point of termination.
Lien on Settlement or Judgment: Your former attorney may place a lien on the case, entitling them to a portion of any settlement or award you receive.

2. Handling Attorney Liens

If your former attorney asserts a lien, it does not prevent you from hiring a new attorney or continuing your case. However, the lien will need to be resolved before the funds from a settlement or judgment can be distributed.

Hiring a New Attorney

If you choose to fire your attorney, finding a new attorney promptly is crucial to avoid delays in your case. When hiring a new attorney:

Be upfront about your previous representation.
Share any documents or information you have about the case.
Discuss how they will handle any liens or unresolved issues with your former attorney.

Most attorneys are accustomed to stepping into cases midstream and can help you navigate this transition smoothly.

Potential Risks of Firing Your Attorney

Delays in Your Case: Switching attorneys can cause temporary delays as the new lawyer gets up to speed.
Additional Costs: While contingency cases typically don’t require upfront payment, resolving disputes with your former attorney may incur legal or administrative costs.
Impact on Settlement or Judgment: Prolonged disputes between attorneys over fees can complicate the resolution of your case.

When Should You Fire Your Attorney?

You may consider firing your attorney if:

They fail to communicate effectively or keep you updated on your case.
You lose trust in their ability to represent your interests.
There is a conflict of interest or ethical issue.
They do not seem prepared or qualified to handle your case.

While firing your attorney is a serious step, it is your right as a client to ensure you are receiving competent and effective legal representation.

If you are dissatisfied with your current attorney and considering a change, the team at Harris Personal Injury Lawyers, Inc. can provide a free consultation to discuss your options. We’ll help you evaluate your case, address any concerns about your previous attorney, and guide you through the process of transitioning representation.

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