Fire my attorney first?
August 16, 2011 5:10 PM Subscribe
I have an attorney. My attorney has made me unhappy in several ways, mostly by procrastination. However, I am afraid that another attorney will not take the case because it's too small. (In the tens of thousands of dollars.) Is it legal for me to ask another attorney if he will take my case before I fire my current attorney? Or must I fire my attorney and take my chances with another attorney not accepting my case? (Attorney #1 took my case primarily because I already knew him.)
There is nothing illegal or even uncool about shopping your case around if you are dissatisfied with your attorney. It's like any other professional relationship (accountant, doctor, consultant). In this economy, unless your case involves a very specialized area of the law, you are in a small town with few lawyers, or your case is really complicated and not worth the effort to pursue, you'll find someone. Sometimes an attorney will be more responsive when he doesn't feel like he's doing you a special favor, just by representing you.
posted by *s at 5:44 PM on August 16, 2011 [2 favorites]
posted by *s at 5:44 PM on August 16, 2011 [2 favorites]
It's not illegal, shop around and find someone you like better. If your lawyer pitches a fit when you fire him/her they are just entirely unprofessional. I hope you consider though that the delays in the case might not be their fault. Some cases just drag on for reasons that are just out of the lawyer's control.
posted by boobjob at 5:58 PM on August 16, 2011
posted by boobjob at 5:58 PM on August 16, 2011
Your attorney works for you. If he is not satisfying you with his work, you have every right to find a new one.
In short, Valkyryn has it.
posted by His thoughts were red thoughts at 6:20 PM on August 16, 2011
In short, Valkyryn has it.
posted by His thoughts were red thoughts at 6:20 PM on August 16, 2011
Don't talk to any lawyer who would charge you just to have a conversation. The good ones usually prefer you make an appointment first though. Also it helps if you're knowledgeable on particulars. That said, yeah, shop around, don't get screwed.
posted by paul_dl at 7:21 PM on August 16, 2011 [1 favorite]
posted by paul_dl at 7:21 PM on August 16, 2011 [1 favorite]
My husband and I hired a ( highly recommended) lawyer about a year ago for a similarly small situation. He was slow and lame and did very little for months except when we called and prompted him. We chatted with a lawyer friend about this. He took our case and we had a good settlement offer in about a month. So the first lawyer's slowness had little to do with the merits of the case.
Also, the second lawyer wrote the first to say he was taking on our case. The second guy was so much more professional about it. It was great to switch. You can do the same.
posted by bluedaisy at 7:23 PM on August 16, 2011 [1 favorite]
Also, the second lawyer wrote the first to say he was taking on our case. The second guy was so much more professional about it. It was great to switch. You can do the same.
posted by bluedaisy at 7:23 PM on August 16, 2011 [1 favorite]
From experience with a good friend who was an attorney, one of the biggest complaints that he had when bringing him a case was when they didn't tell him that they had another lawyer.
Apparently, it is not illegal, but "poaching" a client from another attorney can get them called before the bar. If you are upfront with them about the situation, then a good attorney should know the appropriate way to mitigate that risk.
Also, any work the prior attorney has done is likely considered work product and you may have to pay for every page and second he spends handing the case off.
Finally, I would suggest that you might want to check with your employer to see if you have some sort of employee assistance program. Many people have them and don't know it, but those can cover at least a couple of consults with an attorney. You could potentially use that to get feedback on the appropriate protocol for severing the relationship with your attorney without damaging your case.
posted by slavlin at 8:28 PM on August 16, 2011
Apparently, it is not illegal, but "poaching" a client from another attorney can get them called before the bar. If you are upfront with them about the situation, then a good attorney should know the appropriate way to mitigate that risk.
Also, any work the prior attorney has done is likely considered work product and you may have to pay for every page and second he spends handing the case off.
Finally, I would suggest that you might want to check with your employer to see if you have some sort of employee assistance program. Many people have them and don't know it, but those can cover at least a couple of consults with an attorney. You could potentially use that to get feedback on the appropriate protocol for severing the relationship with your attorney without damaging your case.
posted by slavlin at 8:28 PM on August 16, 2011
In my state, there is no actionable thing called "poaching." I nonetheless believe it is good form to let prospective counsel know that you are looking for replacement lawyer -- that will give them a few questions to ask you.
Lawyers get hired and fired all the time. Meet some other lawyers. If you find one you like, hire him/her.
posted by freshwater at 8:52 PM on August 16, 2011
Lawyers get hired and fired all the time. Meet some other lawyers. If you find one you like, hire him/her.
posted by freshwater at 8:52 PM on August 16, 2011
You're the customer. If you're not satisfied, it's reasonable to tell your attorney so and look for new counsel. (In my state, procrastination is the number one complaint made to the State Bar by people who were dissatisfied with their attorney.)
As for looking for a new attorney while you still have your old attorney, I think it depends on the timing and state of the case. If you have a jury trial tomorrow, no, no one else is going to take the case. If it's still in the early stages, though, you'll probably find someone willing to step in. As an attorney, I would honestly prefer a client to transfer a case from her current attorney than to walk in a say "I fired the last guy, you're next." It makes it easier for the new attorney to communicate to the old one and get up to speed. If you end the relationship abruptly, your old attorney might be a little grumpy about having to resurrect a file and talk to the new guy.
Also, if your current attorney withdraws from the case before you have a new one, you will be considered a pro per party and will be responsible for all dealings with the court, opposing counsel, etc. -- and you will be held to the same level of knowledge about the law and procedure as an actual attorney. (At least in my state.)
When clients approach me while they already have an attorney, I make it clear to them that I will consider substituting but that I cannot and will not give them advice that their lawyer should actually be giving them. Sometimes they then hire me because they think we'll get on, sometimes they stick with Attorney A or find someone else. So be very upfront with someone you meet and tell them you have an attorney, you're dissatisfied, and you are looking at options. That eases the new attorneys mind for later accusations of poaching.
As for no one else taking your case, it is true that multiple attorneys on one client and one case can be a red flag. It can sometimes say that the client is a difficult asshole who refuses to listen to advice and fires attorneys when they can't make magic happen. I usually won't take a case if I would be the third or fourth attorney because it signals that the client may be difficult to please. [Horror stories edited out.] But, since it sounds like you have a valid (and unfortunately, common) complaint, I'm sure there are other attorneys who will take your case
posted by motsque at 6:07 AM on August 17, 2011
As for looking for a new attorney while you still have your old attorney, I think it depends on the timing and state of the case. If you have a jury trial tomorrow, no, no one else is going to take the case. If it's still in the early stages, though, you'll probably find someone willing to step in. As an attorney, I would honestly prefer a client to transfer a case from her current attorney than to walk in a say "I fired the last guy, you're next." It makes it easier for the new attorney to communicate to the old one and get up to speed. If you end the relationship abruptly, your old attorney might be a little grumpy about having to resurrect a file and talk to the new guy.
Also, if your current attorney withdraws from the case before you have a new one, you will be considered a pro per party and will be responsible for all dealings with the court, opposing counsel, etc. -- and you will be held to the same level of knowledge about the law and procedure as an actual attorney. (At least in my state.)
When clients approach me while they already have an attorney, I make it clear to them that I will consider substituting but that I cannot and will not give them advice that their lawyer should actually be giving them. Sometimes they then hire me because they think we'll get on, sometimes they stick with Attorney A or find someone else. So be very upfront with someone you meet and tell them you have an attorney, you're dissatisfied, and you are looking at options. That eases the new attorneys mind for later accusations of poaching.
As for no one else taking your case, it is true that multiple attorneys on one client and one case can be a red flag. It can sometimes say that the client is a difficult asshole who refuses to listen to advice and fires attorneys when they can't make magic happen. I usually won't take a case if I would be the third or fourth attorney because it signals that the client may be difficult to please. [Horror stories edited out.] But, since it sounds like you have a valid (and unfortunately, common) complaint, I'm sure there are other attorneys who will take your case
posted by motsque at 6:07 AM on August 17, 2011
Don't talk to any lawyer who would charge you just to have a conversation. The good ones usually prefer you make an appointment first though.
If this is a contingency case, I could see that. But on an hourly rate situation--I have a basic initial conversation and then set up a paid consultation. I do waive that fee from time to time. But you have to have a gatekeeping function in there or a lot opf people will try to fish a course of action out of you. So don't use this as a rule of thumb.
posted by Ironmouth at 6:48 AM on August 17, 2011
If this is a contingency case, I could see that. But on an hourly rate situation--I have a basic initial conversation and then set up a paid consultation. I do waive that fee from time to time. But you have to have a gatekeeping function in there or a lot opf people will try to fish a course of action out of you. So don't use this as a rule of thumb.
posted by Ironmouth at 6:48 AM on August 17, 2011
Response by poster: This is definitely a case of procrastination - I have to call and call and call to get anything done at all, and I know another client of his with a simple, amicable, non-contested divorce who has the same complaint. (Mine is not a divorce case.)
posted by IndigoRain at 7:35 AM on August 17, 2011
posted by IndigoRain at 7:35 AM on August 17, 2011
This thread is closed to new comments.
Understand though, that your current lawyer does have a right to be paid for the services that he's already performed. If you're operating under a contingency fee agreement, that likely means that your new attorney will have to give your old attorney a cut. Otherwise, you can just pay the guy's hourly rate and have done with it. In either case, exactly how much will need to be worked out, and should depend on how much work the guy has already done.
Still, feel free to shop around. People do switch counsel mid-stream, and everyone involved will know how to make this happen.
posted by valkyryn at 5:40 PM on August 16, 2011