Legal Question in Personal Injury in Wisconsin

Terminating Attorney

I was a passenger involved in a car accident in January that left me with 6 broken ribs, scars, neck and back injuries. I have sought medical attention 54 times and have gone through 27 pain prescriptions. I retained an attorney who was thrilled with my organization of the case. However, I find it impossible to reach him with questions now and in most cases must schedule a telephone conference to talk with him. The comfort zone is lost. Can I terminate his "services" after I signed a contractual agreement in February?


Asked on 8/10/98, 10:58 pm

3 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Terminating Attorney

While I'm licensed in Tennessee and not in Wisconsin, EVERY state will allow you to fire an attorney you grow disatisfied with, though you can still be required to pay for the work already done or pay whatever is required under the Representation Agreement.

If the case has already been filed, you might also need to replace the present attorney with a new one before the first attorney can be releived from the case.

This is pretty common.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 12/31/98, 1:34 pm

Re: Terminating Attorney

Yes, send him a letter certified receipt requesting your file and any amount owed to him. Tell him date and time you will pick up the file.

What you owed him depends on the contract, read it and seek better legal advise.

Good luck!

Frank Pola

Law Office of Frank Pola, Jr.

El Centro II, Suite 260, Mu�oz Rivera Ave. #500


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Answered on 12/08/98, 2:14 pm
Robert S. Bruzzi Law Offices of Robert S. Bruzzi

Re: Terminating Attorney

Although I can't speak about the state in which you live, the general rule is, Yes, you can teminate the services of your attorney.

There may be a price to pay, however. Again, generally, the rule when an attorney is terminated in a contingency fee case (which yours most likely is),

is that the attorney will receive compensation at his hourly rate, plus out of pockets. There are exceptions, of course, for example when the firing was unjustified

and if there is a settlement offer pending. What is clear, however, is your right to terminate the contract.

Robert S. Bruzzi

Law Offices of Robert S. Bruzzi

18 Imperial Place, Suite 4D


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Answered on 12/07/98, 9:27 pm


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