In California, you have the right to fire your personal injury attorney at any time if you’re not satisfied with how they’re handling your case. There is no legal contract or threat from an attorney that can remove your ability to them. You should know exactly what is happening with your case at all times, and if you don’t, you may terminate your contract. There are legal provisions in California that protect the client and their right to fire an attorney.
California Rules of Professional Conduct, Rule 1.16 mandates that attorneys must return all files and property to the client immediately upon being fired. California Rules of Professional Conduct, Rule 1.4, establishes that failure to communicate is grounds for disbarment. California Business and Professions Code § 6090 recognizes the client’s right to end the attorney-client relationship and states that the power to terminate belongs to the client.
What Are the Signs That I Should Fire My Lawyer?
No Contact With Your Attorney
If you’ve never spoken to a qualified attorney, it’s a clear indicator that your case isn’t a priority. The most common reason this happens is that the firm takes on an extremely high volume of cases, which are handled by case managers who are not qualified to make decisions. Settlement mills are law firms that convince as many clients as possible to settle quickly, so the firm makes as much money as it can.
Failure to Communicate
As mentioned, the California Rules of Professional Conduct, Rule 1.4 requires that your attorney communicate with you regularly to update you on your case. If they don’t respond to emails or calls and you only speak to paralegals, it can be seen as a violation of ethical conduct. When you have made several (three or more) attempts to contact your attorney without a response, you should consider switching to a new law firm while there is still time.
Pressure to Accept a Low Settlement
If your attorney is pushing you to sign a settlement agreement that you are not satisfied with, they are acting in direct opposition to California Rules of Professional Conduct Rule 1.2. Under this rule, clients have the right to decide whether to accept a settlement. Your attorney may only advise you, but they may not intimidate or force you to sign an agreement that you’re not happy with.
No Investigation
If it’s been several weeks or months since your injury and your attorney hasn’t started investigating, it can have a serious impact on your case. At HHJ Trial Attorneys, we initiate investigations immediately. We contact witnesses, send spoliation letters to preserve evidence, police reports, and medical records. We make sure the scene is documented. Evidence doesn’t last forever, so we always act quickly to avoid losing vital details.
Imminent Statute of Limitations Deadline
In California, victims have two years from the date of the accident to file a lawsuit. If your deadline is approaching and there hasn’t been any significant progress in your case, you need to find a new lawyer as soon as possible. When the statute of limitations expires, you will lose your right to seek compensation. Consider this situation an emergency that requires immediate attention to protect your ability to receive compensation for your losses.
How Do I Fire My Personal Injury Lawyer?
Find a new lawyer
Before firing your attorney, make sure you have a replacement who will take over. It can be difficult to trust an attorney after having a negative experience, so for peace of mind, we recommend asking the following five questions before you sign a new agreement:
- When did you last take a personal injury case to trial?
- Will an attorney be handling my case, or will it be passed off to a paralegal?
- Do you have the financial resources to hire expert witnesses?
- What is your strategy for insurance companies that refuse to offer fair settlements?
- Have you ever worked on cases involving injuries exactly like mine?
File a Substitution of Attorney Form
To replace your previous attorney, you need a Substitution of Attorney form that is signed by you and both your old and new attorneys. If your case hasn’t been filed yet, your new attorney may send the prior attorney a letter advising them of the change. We handle the transfer on behalf of our clients to protect them from any further interactions. Some firms resort to intimidation and manipulation tactics to prevent clients from leaving.
Secure Your File
As mandated by California Rules of Professional Conduct, Rule 1.16, your attorney is obligated to give you your file when you request it. Your former attorney may not withhold your file for any reason, and doing so is a violation of the State Bar code of conduct. Your new attorney can navigate any conflict for you and file a complaint with the Bar if needed.
Unhappy with your personal injury lawyer and seeking better representation? Get dedicated legal support today.
Request a Free ConsultationWhat Sets HHJ Trial Attorneys Apart From Settlement Mills?
At HHJ Trial Attorneys, we prioritize our clients, and we build strong relationships that last. We make sure that each client we represent is informed about their case and has direct access to their lawyer at all times. We provide regular updates so you never have to worry about how your case is progressing. We are very hands-on, and if we see that insurance providers are refusing a fair settlement, we are fully prepared to take cases to trial.
Settlement mills avoid any court proceedings because they can extend the timeline. Our team will continue fighting until you receive the compensation you deserve. We treat every case we work on as though it will go to trial, even if it never does.
Our willingness to go to court shows insurers and defense attorneys that we won’t back down. If you’re unhappy with your current attorney, contact HHJ Trial Attorneys to work with lawyers who care about your future.
