Have you ever had to hire a lawyer?

[Blue_Roses]

And then realize somewhere down the line, he might not be the best one for your particular case?
How did you handle it and if you changed lawyers, were you glad you did later on?

[pnwmom]

1. First find a better lawyer, and if that lawyer's interested in your case, ask him or her

how you should handle firing the first one.

This article has a lot of good advice.

http://research.lawyers.com/how-to-fire-your-attorney.html

Once you've definitely decided to change attorneys, there are still a few things you should do before notifying him or her of the change.

Review the written agreement or contract you might have with the attorney, sometimes called a retainer agreement. Does it address the steps to be taken to terminate the relationship? You'll want to understand the parameters of that contract as you go about changing lawyers. Your new attorney may also want to see a copy of that agreement, along with all of the files your current lawyer maintains.

Also, meet with other attorneys to explain the situation. This minimizes the delay in switching attorneys. It also ensures that you're able find good legal representation before you fire your existing lawyer. Ask whether your new attorney will take responsibility for getting your files from your old attorney, or whether you should handle that. If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation.

When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague. State any problems in a calm, professional manner.

[NightWatcher]

3. Exactly this!!!

When possible always have lawyers deal with lawyers.

[Weekend Warrior]

5. Thanks for sharing that. Nt

[BigmanPigman]

6. Great advice! That is a problem that I have.

I treat it personally and not professionally. I am like that with doctors too. I always regret it and rarely learn from my mistakes so it is my fault. I am "nice" instead of being objective.

[Blue_Roses]

22. That's great point

I think when it IS personal to us it's only natural. I do the same thing. For lawyers, it's all about how much money can they make off of you and how much can they wring out of you. I've come to believe that it is rarity to find one who actually does give a damn.

I understand the lawyer jokes now.

[onecaliberal]

2. No trying to find a malpractice/plaintiff attorney and can't even find one

[AngryAmish]

13. Go to you local state trial lawyer's association.

But medical malpractice attorneys are very, very, very picky about who they will take as a client.

It costs upward of $100,000 to take a case to trial.

Unless the damages are massive even plain malpractice cases are not taken.

[onecaliberal]

14. My husband went to emergency room having a massive stroke they sent him home

When he couldn't walk and had every classic symptom. No treatmemt. Said it was not a stroke. Soon after getting home I called 911 again, Ambulance took him to another ER. Good thing because he stopped breathing that night if I had listened to the first ER doctor he wouldn't be with me. He was in the hospital 21 days and rehab for 4 months. He will most likely never work again after making a very good living. They took security and much more away from my family. That should not be allowed to be swept under the rug. Our lives will never be the same because some incompetent asshole who unchecked can do that to another individual.

[Blue_Roses]

17. I know exactly how you feel

[onecaliberal]

21. :

[Weekend Warrior]

4. Be blunt. First find out what the transition will look like.

Also, don't find yourself without. Have a clear plan. Good luck!!!

[panader0]

7. I once had Herbert Lahr, son of Bert Lahr, the Cowardly Lion,

represent me in a pot possession case.
I was reduced to a misdemeanor.

[canetoad]

18. Oh man, that is so cool

And I'm glad they went easy on you.

[procon]

8. I was lucky to find a good lawyer to get rid of the bad lawyer.

I had a lawyer who was dragging out a contract dispute into months with nothing to show for it. Then I see a photo of him in the local paper and he's playing golf with the big shot guy I'm suing. The caption identifies him as Mr. Big Shot's attorney. He was representing both of us at the same time.

I had a hard time finding a new lawyer because the lawyer was pretty well known in our small town, and no one wanted to get on his bad side, or cross Mr. Big Shot. Finally talked to a lawyer, a woman who was new to the area, and she told me to notify him in writing that I was firing him for the conflict of interest, and demand a full refund. She wouldn't take me until I showed her the letter and certified mail receipt. A couple of weeks later we met with Mr. Big Shot and his lawyer (my former lawyer), and within the space of about 30 minutes they agreed to an out of court settlement.

I was happy it was over. Relieved to get my money back. Very appreciative of my new lawyer who cut through all the BS and I've recommended her often in the years since.

[Blue_Roses]

9. That's horrible

and what a nightmare. Glad you found a respectable lawyer. Somebody needs to report Mr. Big Shot to the bar.

[procon]

10. Been there; done that. Never heard back from them. nt

[DefenseLawyer]

11. Do you have a written contract with the lawyer you hired?

If so, it should spell out what he or she is entitled to upon being terminated. In most states, the lawyer is only entitled to actual time spent on the case up to that point, at a predetermined hourly rate. There is no such thing as a nonrefundable fee. They are unethical and all lawyers know this, or should. If you think you have paid them more than they have earned, ask for an itemized bill.
Beyond that you just tell him or her that their services are no longer required. You don't owe them a reason, they work for you.

[Blue_Roses]

16. Yes and thank-you

for the advice. The lawyer took the case on a contingency basis and we reached a mutual agreement to release me from the contract. (Also, see post #13 for more info)

[jberryhill]

12. You hire the other one and move on

You are free to hire and fire counsel as you see fit.

I will say, as a general rule, I don't take on clients who approach me with a raft of complaints about their previous lawyers - i.e. where they've gone through more than one. That's often a reliable indicator of a potentially challenging client.

So, you might want to consult with prospective counsel about why you are unsatisfied with your present counsel, because they can often give you a first objective read on whether or not the problem might be with your present lawyer or with your expectations in the matter.

I've also been fired by clients. It's generally a matter of "here's my new lawyer, send him/her my file", and I will get the new lawyer up to speed on the matter and whatever things I would want to make sure I knew if I were just being hired in that matter.

Some lawyer/client relationships are a good fit, and some aren't. Every lawyer has been hired as a replacement for a previous lawyer, and every lawyer has been fired by a client. It's normal. People change hairdressers, dentists, etc., and lawyers are no different in that regard.

[Blue_Roses]

15. Great advice and definitely appreciated

right now. I should have gone into a little more to make the OP clearer. My ex-husband actually found this lawyer last year while I was in the hospital with bacterial pneumonia. Our apartment flooded from a backup at the main line and it caused our carpet to become saturated. Even after reporting it, no one came,and a week later, I was in the ER with bacterial pneumonia, sepsis and an infection in my foot. (almost lost my foot)

The attorney took the case on a contingency basis and as I recovered, I helped with everything I could. That was over a year ago. During that time, the case lagged, was passed on to other junior attorneys in the office, until finally, a Sr.attorney took it and really went to work on it. The attorney who owns the firm and initially took the case, would pop in periodically and seemed to mess things up. (requesting info already submitted, not looking at helpful evidence, etc.) So, today we reached a mutual agreement to release me from my contract because of an issue that he thought would be difficult to prove. I could not understand why he didn't use all the evidence that the other Sr. attorney wanted to use (she was good). It was frustrating for me and I could tell she too, would get frustrated, but since he was the boss...

I honestly don't think he was prepared to take on the risk of this case, because he said no doubt there was neglect and this was definitely a six figure settlement case (because I almost lost my foot),but something seemed to have spooked him.

So much more, but this is it in a nutshell. He referred me to another attorney, but I'm going to keep looking around, just to be sure. I have to say, that while I am somewhat relieved that I am free to find someone who will do a more thorough job, it is disappointing since so much work has already gone into it. I just don't know if I have the strength to continue.

[dembotoz]

19. There is a good reason for all those lawyer jokes

[Vinca]

20. You can say that again. When my husband and I bought our first house the legal

description described the wrong parcel and the house wasn't even on it!

[CTyankee]

23. Just when I bought our houses and when I divorced my first husband...

[madinmaryland]

24. I better call Saul....

No I just call my sister or brother-in-law.