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"A lawyer with a briefcase can steal more than a hundred men with guns." – Mario Puzo, The Godfather

Saturday, June 6, 2009

Firing your attorney!

Yes you can! If you have a bad attorney then he or she is not going to get any better - fire them now. You have the right to change.

But keep in mind that if you are a bad client or "difficult" client you may not get another one.

You are the manager and the attorney is your service provider. If he is not getting the job done or is not paying enough attention to your case it is unlikely to get any better.

Now keep in mind that many first-time plaintiffs think that the legal process is going to move far faster than it actually does. They also think they are going to receive millions when they might only get a few thousand. The speed varies from court to court and state to state but rarely do we see "speedy justice".

Do not assume that your attorney is going to meet her deadlines! They do forget about these things so you need to be paying attention. And if they are leaving motions and responses to the last minute they may simply not make it in time or do a poor job because of the deadline. You are screwed!! So you need to know the deadlines and the schedule and make sure your attorney is meeting the deadlines.

If you are a plaintiff and have a contingency contract you still have the right to change attorneys. Usually it is a good idea to find a new attorney before firing the old one. Generally (it varies by state) the old attorney will work out compensation with the new attorney for some compensation for his expenses on the case and the time he spent.

But again, you only get so many at bats. It is harder to hire a good attorney after you already have one. So try to do it right the first time. The second attorney is worried that the first attorney already messed up the case. Or the second attorney thinks that you may be an unreasonable client.

I had a client that actually fired two attorneys and then could never again find someone to represent him. He had to represent himself and it has not gone well ever since.

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