Can my son fire his attorney who took case on contingency and get another attorney?

     Hi.  There are two primary reasons why people switch attorneys.  These two situations are consistently seen much more frequently than any other.  The first is poor communication.  This occurs if the lawyer fails to return phone calls in a timely manner and fails to keep you reasonably appraised about the status of your case.  I have heard stories of attorneys who will simply not return their clients' phone calls, and, unfortunately, it is not too uncommon.  The second primary reason is lack of diligence in pursuing the case.  This occurs when, for whatever reason, the attorney simply does not take steps to move the case forward in a timely manner.  Oftentimes, attorneys will take on more work than they can handle and certain files will not be pursued as aggressively as they should be.

     Switching attorneys is fairly common.  As a customer of the attorney, you are entitled to take your business elsewhere.  You should not stay in a situation that you are uncomfortable with.  Moreover, you have every right to discuss your case with any other attorney you may choose, even when you are still represented by your current attorney.  It is generally a good idea to explain the facts of the case to another attorney, and get assurance that the attorney is indeed willing to handle your case before you inform the current attorney that you are switching.  Also, your file is your property, and when you switch attorneys, the former one is required to return your entire file to you.  I am a Missouri attorney that handles cases throughout most of the state.  I focus my practice exclusively on personal injury and workers' compensation claims, with a strong emphasis on car accident cases.  I can be reached via e-mail, for your convenience, at mth2000@yahoo.com.  Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice.  The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

     Hi.  As a follow-up to my answer posted on 12/04/09, in which I explained the process of switching attorneys, it occurred to me that there was one issue left out in my response.  That is the issue of costs.  You should know that if your attorney has forwarded any costs of the litigation (such as deposition costs, medical examinations he/she ordered, etc...), it is possible that when you switch attorneys, your prior attorney may ask that you pay the costs.  However, unless he/she has filed suit and taken depositions or ordered medical evaluations, it is highly unlikely that there are any costs that have been forwarded.

     I am not sure if you have received my prior answer or not, and whether it was of any assistance to you.  In any event, I would be willing to take a look at this for you.  Just send me a short e-mail at mth2000@yahoo.com, or feel free to call at (314) 471-5585.  Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice.  The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

Absolutely.  Particularly if the complaint has not been filed, there's no legal obstacle at all, and your son is entitled to the attorney of his choice, unless he changes his mind too close to the trial date.  The first lawyer can make a claim for compensation based on whatever he can show having done, but he had no right to be paid anything (if anything is even owed) until the case resolves.  Your son should have the new lawyer agree to deal with that (or help him with a fee arbitration program, if it's available and makes sense), as part of the deal.