How To Write A Termination Letter To Your Attorney: Navigating a personal injury lawsuit is a complex matter. Consequently, many people choose to hire a personal injury attorney to help guide them through the process, and aggressively represent them at each step along the way. Generally, as the client, you have the right to terminate the attorney-client relationship at nearly anytime during the representation, and for any reason.
Reasons Why You May Fire Your Personal Injury Attorney
I’ve heard a number of complaints from individuals seeking alternative legal counsel. Each persons individual reasons behind terminating an attorney may vary, but some of the common reasons for an early termination include:
- unprofessional behavior;
- failure to communicate;
- inexperienced in the practice area;
- lack of attention towards your case;
- disagreements on how to handle the case;
- ethical concerns about the attorneys conduct;
- lack of dedication and aggressive representation on your behalf;
Things to Consider Before Terminating Your Attorney
Prior to officially breaking things off its important to take time to go over your available options and to evaluate the reasons behind terminating your attorney.
Here are a few questions to consider:
- Why do you want to fire your lawyer?
- Is there a way for your attorney to meet your needs without terminating them?
- Has there been an agreement signed detailing how and when you can terminate the representation?
- Will changing attorneys negatively impact your case?
- Do you need the courts permission before firing your attorney?
- How much work has the attorney already completed, and are they entitled to any fees?
- Do you have another attorney in mind?
I encourage anyone who finds themselves in a disagreement during their representation to speak directly to their attorney and voice their concerns. Be candid about any problems or concerns you may have with the representation prior to termination. Some problems may be easily addressed, and will avoid the time and cost of hiring a new attorney.
How To Terminate Your Current Representation In Your Personal Injury Case
If after careful consideration you decide that ending the relationship is your final decision, then you will want to send a formal termination letter. Make sure that terminating your existing counsel is what you really want to do because this type of letter will be considered final regarding the attorney client relationship.
Here are a few tips for writing a Termination Letter
- Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters. Make sure to identify your current attorney specifically by name, and include a clear subject line as to the reason the letter is being sent. Send the letter certified mail, return receipt requested. In addition to sending the letter certified mail, you can send via email directly to your attorney.
- Be Professional: You should keep it professional at all times, and avoid making rude or disparaging comments and remarks.
- Request a copy of your case file: Request all your files, and ask that the attorney cooperate with your new counsel in this respect. You can set a deadline for the attorney to provide a complete copy of your case file, and to return any original documents. Make sure to include the address of where to send the case file.
- Request an itemized invoice: Request an itemized invoice that reflects any and all fees, inclusive of amounts already charged plus any amounts the lawyer may claim as still owed.
Sample Termination Letter (Personal Injury Case)
Here is a sample termination letter, please note that the format of this letter, and its content, may not be applicable to every case of client-lawyer termination.
Jane Doe
123 ABC Drive
Fort Lauderdale, FL 44444
[DATE]
RE: Termination of Representation
Dear [Name of Attorney],
I am writing to officially notify you that I am terminating your services immediately. This is because {reason(s) for terminating the representation}.
You do not have permission to send any demands on my behalf and I am advising the insurance company that you no longer represent me for this personal injury claim. Please do not take any further actions on my behalf.
I am requesting that a copy of my entire case file, in addition to an itemized invoice reflecting all fees, inclusive of amounts already charged plus any amounts you may claim as still owed. Send the requested case file and applicable invoice to: [Address where case file should be sent] within 7 days of receipt of this letter.
As I plan to obtain alternative legal counsel, I expect that you will fully cooperate with any and all future request which may be made on my behalf.
Sincerely,
[Client Name]
Seeking New Representation After The Termination Letter
In addition to your right to fire an attorney, you also have the right to hire another attorney in their place. You will want to hire a new attorney promptly to ensure that you preserve all your rights in your particularly case, and that you’re well represented at each phase. You’ll want to communicate with your new attorney about any issues you had with your previous counsel so that they can place your needs front and center.
Personal injury matters can be quite confusing, and its vital that you feel confident in your attorney, and satisfied with how they treat you as a client. If you’re unsure whether you may have the grounds to terminate your attorney, or if you would like to discuss the details of your case, Lamar Legal PLLC is here to help!
