Legal Question in Personal Injury in Missouri

Re: Retainer Agreement

You can fire a law firm anytime you wish, however, you are bound by your contractual agreement with them. This means that they are entitled to an attorney fee and expenses, even if they are fired.

As a side note, most clients who are dissatisfied with their attorneys are unhappy with the level of communication. If that is the case, you would be better off having a heart to heart talk with your lawyer, than you would finding another.

If you do decide to fire your lawyer, Missouri courts allow a fired attorney to recover a fee for the work he has done, even if you hired him on a contingent basis. This may make it more difficult to hire a new attorney, as they are stuck paying the old firm, or it could increase your costs.

To fire your attorney, you simply take them a letter letting them know that you no longer need their services, and you want to pick up your file. This is important- you own your legal file, and if the law firm wants to keep a copy, they must do so at their own expense. It should not take longer than a week or two to get your file, especially in the metropolitan areas.

Re: Retainer Agreement

Lawyers are just like plumbers and electricians, they can be hired and fired at will. Firing an attorney does not usually end the contingent fee agreement, and your attorney may still have a lien on your case, however.

Before you ask another attorney to represent you, most will require that you sever your representation with the former attorney. You do not have to provide a reason. You simply walk in and say "I have considered our agreement. I now repudiate it. I am firing you as my attorney. Under Missouri law you are required to return my file and all materials I have given you."

Keep in mind that your agreement with him may still impact your case. He may have a lien on your case, depending on what his contract says. Just because you fire him doesn't mean you don't have to pay him, even if his contract was contingent.

Good luck