How to fire your personal injury lawyer

You do not need a reason and you do not need permission. A client can discharge a lawyer at any time. What matters is the order you do things in, so the case does not fall through a gap.

This page is the how. Whether you should switch, and to whom, is switching personal injury lawyers. What the old lawyer's lien costs is what it costs to change lawyers mid-case.

Before you send anything

• Find out where the case stands: the next deadline, the next court date, and any pending settlement offer.
• Have new counsel ready to step in, or at least a firm that has reviewed the file and agreed to take it.
• Confirm your filing deadline independently — statute of limitations.

The steps

1. Write a short letter or email stating that you are ending the representation as of that date. Keep it factual. You do not owe an explanation.
2. Ask for the complete file and confirm how it will be delivered. Rule 1.16(e) requires the lawyer to release it.
3. If a lawsuit is on file, sign a substitution of attorney so the change is recorded with the court. Until that is filed, your old lawyer is still the attorney of record.
4. Confirm notice to the other side. The new lawyer, or you, tells opposing counsel and any insurer where to send communications now.
5. Get written confirmation of any lien the old firm asserts, so it can be dealt with later rather than argued at settlement.

Sources: Cal. Rules of Prof. Conduct, rule 1.16 (termination of representation) and rule 1.16(e) (return of the file); Code Civ. Proc., § 284 (substitution of attorney).

What the old lawyer can and can't do

They can assert a lien for the reasonable value of the work they did, paid from any later recovery. They cannot hold your file hostage over it, refuse to sign a substitution, or keep working the case after you have discharged them.

Common questions

Do I have the right to fire my lawyer?

Yes. A client may discharge a lawyer at any time, with or without cause. The lawyer must then stop working on the matter, protect your interests in the handoff, and return your file.

How do I actually do it?

Put it in writing. If no lawsuit is on file, a signed letter ending the representation is enough. If a lawsuit is on file, you and the lawyers sign a substitution of attorney, or the court orders the change (Code Civ. Proc., § 284).

Can my lawyer refuse to give me my file?

No. Under rule 1.16(e) of the Rules of Professional Conduct, the lawyer must release the file at your request, including pleadings, correspondence, records, and expert materials. A fee dispute does not change that.

Should I fire my lawyer before I have a new one?

Usually not. Line up new counsel first, especially if a lawsuit is on file with pending dates. A stretch with no lawyer of record is where deadlines get missed.