How to recognize the right moment to dismiss your lawyer

It can sometimes be difficult to determine whether you should dismiss your lawyer or not; and although you have the full right to do so, it may not always be the best choice. While careful consideration is essential, many lawyer misconducts can be so serious that firing them becomes your only option.

Understand the lawyer's code of conduct. In the United States, if your lawyer behaves unethically, you can file a complaint with the state disciplinary board. Unethical behavior is also grounds for dismissing a lawyer. One of the most important ethical requirements for lawyers is to maintain the confidentiality of your information; lawyers are prohibited from disclosing your details to third parties.

Ask your lawyer if the opposing party has made any offers yet. As a client, your lawyer is obligated to inform you about any possible dispute resolution procedures, including offers for mediation and settlement. If your lawyer decides to reject an offer without discussing it with you, this is also considered unethical behavior.

Check if your lawyer has ever represented the opposing party. Go online and search for the name of your lawyer alongside the opposing party's name. If your lawyer has previously represented the opposing party, there may be a conflict of interest in your case.

• However, in the United States, if both your lawyer and the opposing party are aware of this conflict and provide written consent, the lawyer can continue to represent both clients.

Avoid developing a personal relationship with your lawyer. In the United States, romantic and sexual relationships with lawyers are not only inappropriate but also unethical and violate the Lawyer's Code of Professional Conduct. If your lawyer is attempting to develop a personal relationship with you, you should report this behavior to the professional ethics board.

Request that your lawyer provide proof of the separation between your assets and theirs. A lawyer must keep your property separate from their own and must return your personal property at any time upon request. This includes funds you have not yet received, which should be held in an escrow or trust account. The lawyer must be able to provide evidence that your money is kept in such an account.

Review your bill. Lawyer fees should not be excessively high or unreasonable. To determine whether the fees are too much, consider the time spent on your case and the tasks your lawyer performed, as well as the typical rates charged by other lawyers with similar experience in the same legal field. To assess if you're overpaying, do the following:

Ensure the bill clearly itemizes all individual charges. Every bill your lawyer provides should list a detailed breakdown of each fee for the tasks performed and the time spent on them. The bill should also specify who carried out each task and their hourly rate.

Request copies of all court documents or filings submitted by your lawyer. In the United States, you can ask either your lawyer or the court to provide you with these documents. Regardless of who supplies them, you may be charged a copying fee ranging from $0.10 to $0.20 per page.

Ask your lawyer to send you copies of all correspondence related to your case. Typically, a lawyer will send electronic copies of correspondence (using the ‘cc’ feature in emails) so you receive all such communications. If you haven't received them, request that your lawyer resend them.

• Ensure that you've asked your lawyer to send records of phone calls as well. While you may not receive an exact transcript, many lawyers will take notes and provide summaries of the conversations, including the length of the call.

Compare your bill with the documents and correspondence submitted by your lawyer. The fees for preparing documents or correspondence should correspond to the actual work done.

• Pay attention to the date on the documents. In the United States, if a filing is stamped with a Monday date, but the bill shows the filing was done on Wednesday, your lawyer may not be recording the charges accurately.

Research the typical lawyer fees in your area. Finding this information can be challenging, and online sources are often inaccurate; however, you can contact other lawyers in your area to inquire about fees for handling your case. Typically, such consultations are free of charge.

Ensure your lawyer is acting in your best interest. A lawyer must diligently serve your needs within the confines of the law. However, there may be times when a lawyer does not act with your best interests in mind.

Review the contents of your lawyer’s correspondence and filings. Make sure the approach your lawyer is suggesting aligns with your desired resolution. If your lawyer is recommending something different, they may not be fully loyal to your interests.

• A lawyer is not required to agree with your preferred approach. For example, if you want sole custody of your child and the law allows it, your lawyer should work toward achieving that outcome, regardless of personal agreement.
• However, a lawyer can only pursue legal avenues. If you want sole custody but the law requires both parents to share custody, you should not fault your lawyer for not pursuing an outcome that the law has already ruled out.
• If you're unsure whether your desired outcome is legally permitted, ask your lawyer to provide the relevant legal documents supporting their stance.

Identify important information your lawyer hasn't shared with you. If you receive a communication from the opposing party that you believe is important, confirm whether your lawyer has shared that information with you. Your lawyer is required to keep you informed so you can make an informed decision.

• Specifically, if the opposing party agrees to mediation, your lawyer should relay that information to you, even if the settlement offer is too low. The decision to mediate or not is yours, not the lawyer’s.

Note the time frame your lawyer takes to respond to your messages. A week is standard for a busy law office, but ideally, your lawyer should respond within a few days. If your lawyer never replies to your communications, they are not dedicating enough attention to representing you.

Stay updated on your case. If you're in the United States, rather than waiting for your lawyer to update you about a pre-trial conference, take the initiative to attend the hearing yourself. Take notes and keep track of important dates. Pay attention to deadlines for submitting necessary documents.

• If the judge reprimands your lawyer for missing or filing documents late, you'll know that your lawyer is not fully focused on your case.

Provide your lawyer with information and documents on time. Ensure that you are doing everything necessary to avoid delays or harm to your case due to a lack of required information.

• Keep copies of all documents you provide. If your lawyer misplaces any, you can easily resend them.
• When you send documents to your lawyer, confirm that they have received them. You can email the lawyer's secretary or assistant to verify receipt.

Request copies of all documents your lawyer submits to the court. This will help you stay informed about your case and monitor the diligence of your lawyer.

Gather cost information. After firing your previous lawyer, you'll need to hire a new one. Unfortunately, your new lawyer won’t be working for free. They’ll also need to be compensated for the time it takes to get up to speed on your case. Be sure to ask for their fee structure.

Consider the remaining time needed to handle your case. The longer the remaining time, the less you will have spent on your previous lawyer. Hiring a new lawyer might not be too costly.

• However, if the trial is approaching, hiring a new lawyer will not only delay the process but also increase your expenses.

Weigh the importance of your case. If this is a routine legal matter, you might decide to keep your current lawyer. However, if the stakes are high—such as in a child custody battle—you may want to hire a new lawyer, no matter how far the case has progressed.

• Under U.S. law, you have the option to 'retry' your case. A new trial may be ordered if the judge made a mistake, but not due to your lawyer’s error. If you lose because of your lawyer’s mistake, you may need to sue them for malpractice—this is a separate legal case altogether.

Ask yourself how dissatisfied you really are with your lawyer. If it's simply because the lawyer responds slowly to emails or charges slightly high fees, you might still want to continue working with them. However, if you know that your lawyer has broken the law or disclosed your confidential information, you should consider firing them.

Schedule a meeting with your lawyer. During this meeting, bring up all your concerns regarding their fees, communication, or their representation in your case. Sometimes, the lawyer might offer reasonable explanations.

• Remember, lawyers are human too. Billing errors can sometimes happen, or the lawyer might be dealing with health issues preventing them from answering your calls. However, a series of repeated mistakes could indicate negligence on their part.
• Follow up with an email summarizing what was discussed in the meeting. This provides you with a written record of the conversation.

Consult another lawyer. Most lawyers are willing to provide candid feedback about the quality of service being provided by the lawyer handling your case. You can share copies of your case documents and correspondence with another lawyer to get their opinion on the progress of your current lawyer's work.

Draft a letter terminating your lawyer's representation. After meeting with your lawyer, consulting with experts, and concluding that your lawyer isn't fully representing your interests, you should end the lawyer's representation. Write a formal letter to notify them.

• Provide a brief summary of why you're dissatisfied with the lawyer. If you've met with them in person, they should already be aware of your dissatisfaction with their representation. You can simply state: 'As of [date], I no longer wish for you to continue as my attorney.'
• Send the letter via certified mail and request a receipt of acknowledgment.
• Request a copy of your case file.

Pay your bills. Even if you fire your lawyer, you are still responsible for paying any outstanding fees. Your lawyer may take legal action to recover any unpaid fees from the invoice.

Warn others. Many online platforms allow clients to leave reviews about a lawyer's performance and professionalism. If you believe others should avoid hiring your lawyer, consider sharing your experience on websites like Avvo in the United States.

• Be aware that anything you share online is public. If your legal case is still ongoing, the opposing party may have access to all the details you disclose. Exercise caution and avoid oversharing.

Report your lawyer to the Disciplinary Board, if you're in the U.S. If you believe your lawyer has violated ethical guidelines or committed illegal acts, you should file a complaint with the appropriate disciplinary board in your state.

• The board will ask you for documents such as bills and correspondence. Be prepared to provide this information.

• Avoid firing your lawyer during a trial. In the United States, sometimes a judge will not allow a dismissed lawyer to withdraw from representing you.
• Be cautious about dismissing your lawyer just because you disagree with their strategy. If you're unsure about their approach, schedule a meeting to discuss it further.