How to Fire Your Lawyer – Everything You Should Know

Are you in need of more support with your current legal representation and considering how to fire your lawyer? The process can be intricate, particularly in Ontario. Our comprehensive guide, “How to Fire Your Lawyer – Everything You Should Know,” is designed to empower you with the essential steps and considerations to make this transition as smooth as possible.

Understanding your legal rights and options is paramount, whether you’re dealing with a law firm handling a family law case or a lawyer who isn’t responding to your communications within reasonable time frames.

We’ll guide you through everything, from identifying a good reason to terminate your lawyer and understanding the termination clause in your retainer agreement to filing a notice of termination using certified mail.

We’ll also assist you in finding another lawyer or law firm that can better meet your needs, including seeking free consultations and checking bar association records.

Learn about the implications of firing your lawyer, such as handling nonrefundable retainer fees and ensuring your legal questions are answered promptly. Once you’ve successfully navigated this process, you’ll feel a sense of relief and be on your way to securing the legal representation you deserve.

Knowing how to fire your lawyer effectively is vital if you’re facing an upcoming court date or need to handle wrongful death or injury claims. However, it’s important to be aware of the potential consequences, such as delays in your case or the need to pay additional legal fees. Read on to discover detailed legal information and practical advice to help you make informed decisions and secure the representation you deserve.

You maybe thinking “my lawyer is not fighting for me”, having to fire your lawyer will hardly be an easy decision, but it can often be necessary. When you are in the middle of a divorce, fighting for custodial rights or fair property distribution, the last thing you need is an attorney you are unable to work with.

Although this is a subject that is not often discussed, you should know that you have the right to fire your lawyer at any time. Just as there is no compulsion on you to hire a lawyer, you are free to change your legal counsel or decide you don’t want one anymore. 

Another thing you should know is you don’t necessarily need to give a reason for your decision. You don’t even need one. However, it is often best to think about why the relationship will no longer work as your decision may delay your case or increase your legal fees. 

There are many reasons why you may come to this decision. For instance, where your divorce lawyer cannot get the results you want, there’s usually no point to retaining their services. Other reasons include where you are no longer comfortable with their services or even in situations where you feel you are being excessively billed. 

Regardless of your reasons for firing your lawyer, you should understand how to go about the process correctly. Despite the risks of changing your divorce attorney while your case is ongoing, it is possible to minimize these risks and preserve your chances of a positive outcome. 

If you have decided to terminate the relationship, your next question will be “how to fire my lawyer”. In this article, we will explain the steps you should take when firing your lawyer and what you can do to recover your files and fees, where necessary

A case is on a contingency basis when an attorney agrees to work on a case without being paid but on the condition that they take a percentage out of any recovery. This arrangement is common in personal injury cases. 

If the attorney agreed to take on your case on a contingency basis, there is nothing stopping you from terminating the relationship. However, they will still be entitled to recover fees and expenses for the work they have already done on your case. 

Your new attorney will usually be responsible for paying the previous lawyer out of whatever recovery is eventually won in your case. 

If you still owe fees on work already done on your behalf by the previous attorney, nothing stops you from terminating the relationship either. However, you will be required to settle all outstanding bills with the attorney

Unfortunately, there are often situations where a client was unnecessarily or illegally billed by their attorney. This can often be the case in contingency fee arrangements or as regards deductions for disbursements – out of pocket expenses. If your lawyer billed you for their services in excess of what was agreed, you may be entitled to recover your money. 

However, you must be certain that you were either overbilled or that the charges do not add up.

Follow these steps if you are in this situation:

Approximately 50% of people in the midst of a divorce claim they are unsatisfied with their legal representation. Many become so dissatisfied that they decide to fire their lawyer before hiring a new one. A number of these individuals become just as dissatisfied with their new lawyer. Some people go through one lawyer after another before a divorce can be finalized. Invariably, they end up still being unhappy with whoever represents them. After several unsettling experiences in the early stages of my career, I decided that never would I ever become a divorcee’s third professional. How could I be successful when two lawyers before me weren’t? In my opinion, this rule prevented me from serving many miserable clients.

I am telling you this because I need you to understand that your dissatisfaction with a lawyer could be because of their incompetent, indifferent, rude, or poor service. In such cases, you are encouraged to replace lawyers. However, you must be certain that the issue isn’t on your end. How realistic are the expectations you have about legal representation? If a lawyer does not return calls quickly enough for you, this may be because of another client they are serving at the time – one whose needs are far more urgent. Perhaps you expected the lawyer to hold your hand from start to finish of the case.

Perhaps you are calling your lawyer impulsively and often rather than managing your meetings more professionally. If your upcoming divorce is moving at a snail’s pace, is it the fault of the lawyer or the overburdened court system? You opted to litigate at a time when faster alternatives were available. Did you do so because of the cost and time associated with your options? If you were dead set on hiring the county’s star litigator, thinking that doing so would achieve successful results, can you really be surprised when this lawyer cannot allocate the time and attention you demand of them?

After reviewing your behaviour and expectations and concluding that you are faultless, you can focus on your lawyer’s deficiencies. Many busy lawyers allow a litigation process’s rhythm to determine how fast a case progresses. If both spouses are not in agreement on several issues, a lawyer will need to perform extensive research to get ready for a potential trial in case a settlement is not negotiated. This is something that cannot be rushed. Take deposition scheduling, for instance.

With busy schedules and phone tag, it might be months before all lawyers involved in the case can pick a date when they are available. When that date arrives, at least one lawyer will be contacted by a court to begin the trial. This may warrant further delaying a deposition. Many lawyers are sensitive to their clients’ time. They reduce the amount of depositions taken and work effortlessly alongside the opposing lawyer, who is doing the same. To put it another way, a thoughtful lawyer is capable of moving cases along at a faster speed. But will they care enough to do so? Some are considerate, others aren’t. This is also applicable to telephone calls.

Many lawyers go out of their way to return calls within one business day; others respond when they have free time. If the lawyer you hired thinks you are annoying, then your call might be the very last one they return. As such, it is imperative to establish how compatible you are with a lawyer – ideally well before they are paid. If you are anxious and require excessive reassurance, tell the lawyer this in advance.

Ask them if they can realistically cater to your needs. Occasionally, when it comes to “high maintenance” clients, lawyers will assign sympathetic paralegals to conduct handholding on their behalf. However, if this isn’t enough for you, ensure that you’re okay not getting phone calls every day from the lawyer. If you are a picky person, consider choosing a lawyer who isn’t as busy.

One aspect that could hold your case up is the lawyer’s style of litigation. Many people cultivate hard-nose projections by pressuring adversaries into litigating everything. This cultivates tough imagery while generating high legal costs. If this is the kind of lawyer you will hire, an honest conversation and a replacement is probably the better way to go. The style of a lawyer has a larger effect than the average client realizes. While other lawyers know which of their peers are difficult lawyers to collaborate with, they won’t tell you. I am very aware which lawyers are the most difficult.

It is in your best interest to determine the lawyer’s style before paying a retainer. Consider finding a different lawyer if you feel you need to.

Another issue is that the lawyers facing each other may not like one another. If the lawyer representing your spouse and the one representing you are in conflict, cooperation between the two may be nonexistent. This will not only slow down your case, but it will also force you both to pay a lot of money. Talk about this factor with your soon-to-be ex-spouse. In the event that you are on the same page about this matter, the answer might involve a bilateral adjustment.

Personality issues and style are big problems, but so, too, is incompetence. Sadly your lawyer might not know enough about family law because they couldn’t be bothered to research recent changes to it. The lawyer might not be very good at negotiating because they lack the skills to do so properly. Some lawyers cover up their incompetence with a style considered bellicose, which usually scuttles negotiations. Incompetence may take the form of ignorance when it comes to child psychology and family dynamics.

A lawyer may come to conclusions that result in unnecessary hardship, not just for you but also for the whole family. Lastly, the manner in which lawyers represent clients usually reflects their philosophical point of view. If they are a cynic, you will be able to tell. If wisdom isn’t their strong suit, it will also show.

If the relationship you have with a lawyer sours, the only option you have is to replace them. If you think that your divorce proceedings may suffer from incompetence, foolishness, or neglect on your lawyer’s part, change should also be considered. A common worry for divorcees in these scenarios involves their ability to recoup money already spent on the lawyer. The fact is, many lawyers are able to review files and get up to speed on a case within hours. If your legal representative is causing conflict, then replacing them could save you money in the long run.

• Client Rights: You can fire your lawyer at any time, even without providing a reason.
• Retainer Agreement: Review the termination clause in your retainer agreement before proceeding.
• Hire New Representation: Secure a new lawyer before terminating the current one to avoid gaps in representation.
• Termination Letter: Send a formal termination letter via certified mail to your lawyer.
• File Transfer: Arrange for the transfer of your case files to the new lawyer promptly.
• Inform the Court: Notify the court of your change in legal representation.
• Contingency Fees: If your case is on a contingency basis, the previous lawyer may still be entitled to fees for work done.
• Outstanding Fees: Settle any outstanding fees with your former lawyer.
• Refund of Retainer Fees: If overbilled, you can request a refund of unearned fees.
• Administrative Action: Contact the Ontario Supreme Court of Justice’s Assessment Office for billing disputes.
• Professional Conduct: Lawyers must clearly explain fees and expenses before taking on a case.
• Client Dissatisfaction: Common complaints include lack of communication, unrealistic expectations, and slow case progress.
• Court System Delays: Recognize that delays can also result from an overburdened court system, not just lawyer inefficiency.
• Alternative Options: Consider mediation and financial analysis for a less adversarial and cost-effective approach to divorce.