Can I cancel a contract with attorney regarding representing me in auto accident?

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Can I cancel a contract with attorney regarding representing me in auto accident?

My husband was rear-ended by a trash company truck and we signed with a local attorney firm to represent us. We are not pleased with the representation of the firm. Can we cancel the contract with the attorney and just pay their fees incurred thus far?

Asked on August 15, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, of course you can.  You can fire your attorney at any time in the process and do not let the attorney tell you otherwise.  I am assuming that the retainer was on a contingent basis (in other words you were to pay him a percentage of the recovery if successful)?  Read the retainer because I am fairly certain that if you are hiring a new attorney (which you should before you fire the old one) then the new attorney will take care of that matter.  On transfer of the file there will be a lien - money owed the old attorney that the new attorney will agree to pay.  Also, the new attorney will take care of the firing and the consent to change attorney.  Good luck. 


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