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Page 33 of 44 |
What do I do if I believe my attorney is not adequately representing my interests? |
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You, as the client, have a nearly absolute right to discharge your current lawyer and hire another lawyer. You may do whether or not you have a reason anyone else would agree with, or even for no reason at all.
The major exception to your absolute right to bring in new counsel would be if you tried to do so just before, or during, a trial or hearing. In such circumstances courts tend to frown on substitutions because they recognize them as delaying tactics or gamesmanship. As it takes time for a new lawyer to get up to speed, and could seriously prejudice the other side and waste judicial resources, courts permit last minute substitutions only for extra-ordinary good reasons, such as a conflict of interest.
While you have the right to fire the old and hire a new lawyer, it does not mean that you do not have to pay the old lawyer for the work performed. And in some states, the former lawyer has an "attorney's lien" on the case files, and need not turn them over to you or the new lawyer until the bill is paid. However, even in such states, if you have a is a good reason for firing the old lawyer, courts may step in to protect your rights to proceed and order the files be transferred to the new lawyer. |
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