Your Attorney Fired You: What to Do Right Away

Clients fire attorneys for various reasons. For example, a client can fire an attorney arbitrarily. Or a client can fire an attorney for work dissatisfaction. An attorney’s neglect may result in termination.

But can an attorney fire a client? If your attorney fires you during a pending case, you may feel confused and stressed. Whether the attorney disengaged you due to a breakdown in communication or differing views on case strategy, it is crucial for you to know that you have options. Below, we discuss the immediate steps to take if your attorney fires you.

1. Understand the Termination

If your attorney fires you, the first step is to understand why. Examine your retainer agreement. The agreement should outline the conditions under which an attorney may withdraw and the responsibilities of both you and them regarding fees and case materials. 

Understand why the attorney terminated the relationship. Usually, this information can be found in the formal letter of termination. If the attorney has not sent a termination letter outlining why they are withdrawing from your case, ask for it. 

There are many reasons why an attorney may fire a client, and understanding why your attorney fired you is key to moving forward. The following are some of the main reasons attorneys sometimes withdraw from cases;

• The client failed to communicate
• The client ignored legal advice
• The client missed appointments
• The client rejected reasonable settlement offers against the attorney’s advice (for personal injury cases)
• There is a conflict of interest
• There is a breakdown of trust
• Nonpayment of legal fees
• The client has unreasonable expectations

2. Secure Your Case File

The next step is to contact your former lawyer and request a copy of your case file, including all documents, evidence, and communications. The American Bar Association requires attorneys to take reasonable steps to protect a client’s interests when terminating representation, including handing over papers and property to which the client is entitled.

Your case file is vital for any attorney who may take over your case. Your next legal representative will need the full case file to understand the facts, assess your case, and meet upcoming deadlines. Promptly securing it can avoid delays that could hurt your case.

3. Find a New Attorney

If your attorney has fired you, it is in your best interest to search for another attorney immediately. Do not delay, as legal cases are usually time-sensitive. If your case has not yet been filed, you want to ensure it is filed within the statute of limitations. If your case has already been filed, you may have other upcoming deadlines. While some attorneys may hesitate to take over your case since another attorney fired you, many are willing to represent you if your case has merit. Your new lawyer will assess your case and take the necessary steps to protect your rights.

4. Consider Filing a Complaint

If you believe the attorney fired you for unethical reasons, such as discrimination, you may be eligible to file a complaint with your state’s bar association. The state bar association will investigate your complaint and take disciplinary action against the attorney if appropriate.

Need Help After Losing Your Attorney?

Contact The Stone Law Office for a case review if your attorney has fired you.