Interacting with Lawyers
Your Lawyer Works for You. You Can Make a Change.
Signing a retainer does not lock you in. How second opinions work, how to change lawyers in the middle of a case, and what happens to fees when you switch.
When you hire a lawyer, you do not agree to stay with that lawyer until the case is over. As a general rule, you can fire a privately hired lawyer at any time, with or without cause. You do not have to prove that the lawyer committed malpractice.1
A retainer agreement does not give the law firm ownership of your case. This applies to the lawyer on television and the firm with offices across the country. Their advertising budget and the size of their firm do not give them additional rights over you. You hired them to do a job.
You can get a second opinion while you still have a lawyer. You do not need your current lawyer’s permission to consult another independent lawyer. Tell the second lawyer that you are already represented and let them check for conflicts before discussing confidential details. Asking questions does not commit you to making a change.2
If your lawyer tries to keep you from talking to other independent lawyers, that is a huge red flag. Explaining the costs or court procedures involved in a change is part of the job. Telling you that you are not allowed to get another opinion is something else. You should be able to have the lawyer’s advice examined by someone who does not work for the same firm.
You can ask who is actually handling your case, what work has been done, what the next step is, and why the lawyer recommends it. If calls go unanswered or explanations do not make sense, you can take those concerns to another lawyer. You do not have to wait until the case is over to find out whether it is being handled properly.
Changing lawyers does not automatically cancel fees or expenses already owed. In a contingency case, the first lawyer may claim payment from a later recovery. Have the new lawyer review your fee agreement and explain any fee or lien claim before you make the change. The amount owed depends on the agreement, the work performed, and the applicable law.4
If your case is in court, changing lawyers may require formal paperwork or the judge’s permission. Firing a lawyer does not stop a filing deadline or postpone a hearing. Have the new lawyer address the transition and confirm who is responsible for upcoming dates. Court-appointed lawyers are subject to different replacement rules.3
Put the change in writing. Ask for the file materials you are entitled to, an accounting of fees and expenses, and the return of any unearned advance payment. Have the new lawyer confirm in writing that they have accepted the case. Your former lawyer has duties to protect your interests during the handover, even after you have fired them.3
Rules referenced
- ABA Model Rule 1.16, comments 4–5: discharging a lawyer and fees.
- ABA Model Rule 4.2, comment 4: seeking independent advice.
- ABA Model Rule 1.16(c)–(d): court procedure and duties on termination.
- The Florida Bar: fees and liens after a change of counsel (Florida example).
State rules and court procedures govern your case.