Can I Fire My Personal Injury Lawyer in Louisiana?

You have every right to fire your personal injury lawyer in Louisiana if they are not providing you with the level of expected legal representation. There are many reasons why you may want to change your personal injury attorney, and it is your right to do so.

Even after you sign a contract, you have the right to move on from that legal representation to another party and hire a different New Orleans personal injury lawyer.

Start by Communicating What is Happening

Before firing your Louisiana personal injury lawyer, reflect on what is not working and why. You’ll want to confront your current personal injury lawyer with honesty, clarity, and the need for a solution. Some of the key reasons why you may want to terminate your contract with a personal injury attorney include:

• Lack of communication: If they are not putting enough time into your case or not providing you with the support you need, you may need to terminate working with them.
• Discrimination or unfair treatment: If you feel you are not being treated fairly in any way, you do not have to stay with that lawyer. It is your right to inform them that you are moving on. Note, there are times when you should report such situations as well.
• Incompetence:  Your attorney may have graduated from law school, but if you don’t have faith in the information they are providing you or you question their understanding or interpretation of the law, you have the right to move your case to another attorney.
• Inability to secure a settlement: Let’s be frank. Some insurance companies simply will not settle fairly, and that means it may not be your attorney’s fault. When you feel that it is, you have the right to take steps to fire your lawyer.

After documenting what you believe is the reason to end your relationship with your attorney, speak to your lawyer openly. Remember that this professional is working for you and on your behalf. For that reason, they should be willing to give you the time your case needs. There are many times when the relationship cannot be fixed.

Review Your Contract with Your Lawyer

If you signed an agreement with your lawyer, it becomes necessary to review the details within that contract to understand your rights and the legal steps you must take. Your attorney agreement may provide specific information about areas such as:

• When you can terminate the relationship
• How you must communicate termination
• What steps must you take before moving your case to another lawyer
• Any fees and costs you are responsible for are paid to the attorney
• Any notifications you must provide before making the move

Changing your attorney is not uncommon, but doing it properly protects your rights throughout the process. Do not forget that you still have to act quickly to pursue your claim, as the Louisiana statute of limitations is just two years (CC 3493.1) in most situations. You need to have your new attorney ready to take action on your behalf.

Document the Actions You are Taking in a Letter

Your next step in the process will be to write a termination letter. This is a formal document that allows you to state, clearly, what you are doing and why. You can discuss this termination letter with another attorney, if you like, or write it yourself.

Incorporate into the letter specific examples of what went wrong. If the attorney failed to settle your case, document that. If you left 10 messages and did not get a return call, document the dates and times of those messages. Provide clarity to eliminate any doubt about the reasoning behind this decision.

That letter needs to be fully outlined, clearly typed out, and then delivered by certified mail to the attorney’s office. Use certified mail with a return receipt requested. This ensures that there is proof that the attorney received the document.

Take Steps to Protect Your Case Moving Forward

You can fire your personal injury attorney in Louisiana, but you still have to take steps to protect your right to seek financial compensation. For this reason, start by requesting that your attorney provide you with your case file. This will include a list of all information, documents, evidence, and property the attorney has that relates to your case.

You will need to be clear about why and what you are requesting. You should request that all documentation be turned over by a certain time and provide a way for them to do so. This reduces risks.

You should also document anything you pay to the attorney. If you are responsible for fines and fees due to the cancellation of your contract, document that you are paying them with receipts. This helps to keep your case clear of any additional concerns.

Understand the Consequences of Firing Your Lawyer

There are potential risk factors associated with firing your New Orleans personal injury lawyer. For many, there could be a lien against your settlement that you agreed to at the time of hiring the attorney. The attorney may still be owed some compensation for the work they did, and that could mean that the lien remains in place until your case loses.

You will also need to ensure case file transfer goes well to your new attorney. This process can be critical to protecting your privacy and ensuring that you have the best opportunity to move your case forward.

Also, note that you may want to document the entire process in case there is any need to seek a malpractice lawsuit against the attorney. If you are facing unethical treatment in any way, speak to another lawyer about what you faced and document the entire process.

You Can Fire Your Personal Injury Lawyer in Louisiana

You need to feel comfortable and supported by your attorney. If you do not, take the steps necessary to fire your Louisiana personal injury lawyer. Call the team at Scott Vicknair Injury Lawyers today to schedule a free consultation.