Should I Fire My Tennessee Attorney?
If you are contemplating firing your attorney and obtaining new counsel, it is important that you think your decision through thoroughly before taking action. While it is sometimes true that securing a different attorney will help your case, it actually may not be necessary. When you are upset with how your attorney is handling your case, try telling them about your concerns so that they can address them. If they do not work with you to remedy your concerns, it is most likely time to replace them with another attorney.
When you have one or more concerns regarding the work that your attorney is doing for you, a good way to get the conversation started is by sending them a polite letter which describes how you feel. You might say that you were accustomed to prompt replies to your phone calls and emails and you are wondering why communications are at a standstill. Perhaps you feel that you have been overcharged for the services that your attorney has provided. Say that you have a question about your bill, and request a detailed description of what you have been charged. Whatever it is that you are concerned about, spell it out for your attorney and ask them to contact you promptly so that the two of you can make a plan to resolve the issue.
If your letter does not generate a reply from your attorney, or if the reply that you do get is rude, unhelpful, or otherwise unsatisfactory, it likely time to find a new attorney. Fortunately, firing an attorney does not have to be messy or awkward. You can fire an attorney by finding alternate counsel and by having your new attorney contact your now former attorney to obtain your case file. If you would like to contact your attorney yourself to fire them, a letter describing your reasons for letting them go is a good way to bring the relationship to a close.
There are a few things to keep in mind when you fire an attorney. One thing to remember is that you may be responsible for paying for any services that the attorney performed on your behalf before you let them go. Of course, if services were performed incorrectly, or if you have incurred damages due to a failure to perform services, you may not have to pay some or all of your former lawyer’s bills. Seek advice from a legal malpractice attorney if you have a question about whether or not you should pay any bills that you receive from your former attorney. Another thing to think about is whether and how you wish to address your attorney’s actions. In some cases, getting a new attorney will get your case back on track with no need to pursue action against your former attorney. Sometimes, though, a complaint to the bar association or even a legal malpractice lawsuit may be both appropriate under the circumstances and necessary to remedy any damages that you have sustained. Again, a legal malpractice attorney can advise you about whether you could pursue disciplinary action or a malpractice claim against your former attorney.
If you have fired an attorney, it is a good idea to review your experience with a legal malpractice attorney. The experienced Tennessee legal malpractice attorneys at Bailey & Greer, PLLC will sit down with you to learn about your case, explain your options, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.