Sometimes you become dissatisfied with your attorney's ability to manage your case and pursue the best possible outcome. As a client, you have a right to terminate your attorney's services in accordance with the contingency agreement you signed when you first formed your relationship with him or her. As you will see on our practice area page regarding changing attorneys during a lawsuit, there are a variety of reasons why you may determine a new attorney would be better suited to handle your case.
Terminating Your Current Attorney
If your current attorney decides to withdraw from your case, the most important thing you need to do is to ensure your attorney has sent you what is called a "disengagement letter." This letter is proof that you are no longer represented by that attorney, and you can then seek the advice and representation of a different attorney. Many times, clients will receive these letters and throw them away, not understanding just how imperative it is to keep this letter in your records.
When you look for a new attorney to represent you for your car accident case, your personal injury case, your medical malpractice case, or any other type of civil lawsuit where you have signed a contingency fee agreement, you will need to present the disengagement letter to your new attorney. This provides assurance to the new attorney that you are not currently represented in regards to your lawsuit and will allow your new lawyer to explain to you, what, if any, responsibilities you have to your former attorney..
Depending on how much time and money your former attorney spent working on your case, the disengagement letter may be accompanied by a list of expenses. You should not be responsible for these expenses out of pocket. However, if you recover compensation through the representation of a new attorney, your former attorney may ask that a portion of your recovery be reimbursed to cover the costs spent while working on your case, so you should be prepared for this if you choose to change attorneys.
The Dual-Representation Issue
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