If my malpractice attorney is not very professional, canI fire him if we just started taking depositions?

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If my malpractice attorney is not very professional, canI fire him if we just started taking depositions?

I want him off my case.

Asked on January 26, 2011 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may be able to simply fire him--it depends on how much has been done, exactly where you are in the case, the impact on the other side, etc. If this was the eve of trial, you'd almost certainly not be able to do this, but if you're still in discovery, you may be able to--though you *may* have to compensate the other side for some of the additional costs and delays this will entail. You can certainly try to fire the attorney--if it's too late in the proceeding, the court will let you know (or imposes some costs or sanctions on you, such as compensating the other side for their costs and delays caused by switching lawyers). You should discuss the matter with the lawyer and, if you can't get assurance from him that make you comfortable with him, then tell him you don't want him to represent you any longer. Good luck.

 


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