Legal Question in Personal Injury in California

How long do I have to keep my attorney?

I was just wondering how long I have to stay with my attorney? I signed retainer i guess about 2 years ago and my car accident case is not setteled yet. He is very hard to get a hold of and does not return phone calls for weeks. He has made me get documentation from my former employer and he me making phone calls to get other information. I am getting tired of this and was wondering if i can legely cut him loose and have another attorney represent me? Please let me know if there is anything that i can do? What am i going to paying him for if i am doing most of the leg work myself?


Asked on 11/10/07, 6:31 pm

4 Answers from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: How long do I have to keep my attorney?

You can fire your attorney at any time. You simply hire a new one and that new attorney will prepare the necessary paperwork to substitute in as counsel of record with the court on the case. It sounds like your current attorney is probably doing your case on a contingency fee basis. If you fire him, he will have a right to file a lien on any judgment awarded to you, in order to compensate him for the work he has done on your case to date.

As a side note, the client is often in a better position to obtain or provide certain information and documentation. Practically speaking, you should expect to do a little leg work yourself to assist your attorney.

For more information, see http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?sImagePath=Current_Rules.gif&sCategoryPath=/Home/Attorney%20Resources/Rules%20%26%20Regulations/Rules%20of%20Professional%20Conduct&sFileType=HTML&sCatHtmlPath=html/RPC_Current-Rules-3-700.html

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Answered on 11/14/07, 8:38 pm
George Shers Law Offices of Georges H. Shers

Re: How long do I have to keep my attorney?

You have the absolute right to hire and fire your attorney at any time without reason; the attorney is entitled however to be paid for the work done, but if this is on a contingency fee basis, which it probably is, at the end of your case your new attorney and the old one will try to work out how much he will be paid. An attorney should return calls sooner than a few weeks later. If you are paying on an hourly basis, they you want to do as much of the labor as possible to keep costs down. If it is a contingency case, then your attorney should have his staff do much of the work since they are likely to get better results. Remember that most attorneys will accept that you got a bad apple but if you end up firing the second attorney many attorney will become leery of handling your case.

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Answered on 11/14/07, 8:39 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: How long do I have to keep my attorney?

You can fire your lawyer at any time. If another lawyer takes over the case, he will settle the fee issue with your first lawyer. Any fee to him or her will come out of the contingency fee you agree to pay to the new lawyer.

Call us if you want.

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Answered on 11/14/07, 8:56 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: How long do I have to keep my attorney?

You have already received three excellent answers.

I would look to add, though, that you would probably be better off elsewhere, since you have lost confidence in your attorney.

As Mr. Roth points out, your new lawyer will work at the fee "lien" with your present lawyer.

Even if you lawyer is adequate, and might be doing a good job, you don't need to be unhappy with the lack of communication.

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Answered on 11/14/07, 9:41 pm


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