Can I Fire My Lawyer?
If you have been injured by someone else’s negligence, it is likely to leave you feeling shocked and uncertain – in addition to being injured and in pain. In other words, you’re vulnerable and need professional legal counsel on your side.
You found a lawyer whom you’ve been working with, but you may have doubts about whether or not you’ve found the right lawyer for you. This might happen if you don’t feel like your case is progressing, don’t feel like your case is receiving the attention it requires, or have any other misgivings.
Many people are hesitant to fire their lawyers – or believe that it isn’t their right to do so – but the fact is that if you believe your lawyer isn’t doing your case justice, it is your right to fire them and hire another, and you are well advised to do so.
You always need to find the right personal injury attorney for you and your situation.
It All Comes Down to Trust
The relationship between a client and their lawyer is forged on trust, and if your personal injury lawyer has done anything that makes you doubt any of the following, it may be time to reconsider your original choice:
- That your lawyer is doing everything they can do to advance your claim
- That your lawyer is committed to skillfully advocating your claim’s optimal outcome
- That your lawyer has the legal insight and resources to get the job done
- That your lawyer is receptive to your concerns and has the reasonable availability you’re looking for
- That your lawyer is effectively negotiating with the insurance company handling your claim
- That your lawyer cares about the outcome of your claim
- That your lawyer is prepared to or interested in going all the way with your claim and taking it to court – or proceeding in that direction – if it becomes necessary to do so
While it’s important to recognize that your claim is unique and will proceed according to its own specific circumstances, your dedicated personal injury lawyer should be keeping you up to date, sharing all progress and setbacks with you, and ensuring that you are well aware of what’s going on with your claim, and if you aren’t feeling it, don’t be afraid to take action.
Lack of Communication
The Georgia Rules of Professional Conduct share that lawyers should not only be professional and diligent but must also maintain communication with a client concerning the representation. In other words, it’s not enough that your lawyer advances your claim – they need to keep you in the loop. Yes, your lawyer is working for you, but you are also a team, and they shouldn’t be making decisions on your behalf without your approval or advancing your claim without your input. A personal injury lawyer who fails to engage in clear communication is not the lawyer for you.
Failure to Strategize
You have been harmed by someone else’s negligence, and seeking the compensation to which you are entitled is paramount. Your claim, however, is not going to resolve itself favorably on its own. To begin, you’ll need to demonstrate that each of the following necessary elements is present:
- The other party owed you a duty of care, which means that they had a responsibility to you and your safety. For example, if it was a traffic accident that caused you to be injured, it’s established that you and the other driver owed each other a duty of care.
- The other party breached the duty of care owed. For example, if the other motorist was speeding when they slammed into you at a red light, they failed to live up to their responsibility.
- The other party’s negligence was the direct cause of the accident or incident that caused you to be injured.
- You suffered losses – or legal damages – that are recognized by the law as a result of the other party’s negligence.
Your personal injury lawyer is tasked with proving that each of these elements is present, and one of the most important aspects of their work is highlighting the losses you experienced in each of the following categories as a result of that other party’s negligence:
- Property damage, such as to your vehicle in a traffic accident
- Your medical expenses, current and ongoing
- Your lost income, current and ongoing
- Your physical and psychological pain and suffering
Bringing your strongest claim requires a legal strategy, and if your personal injury lawyer is all over the board or isn’t drilling down into the losses you’ve experienced, having a serious talk with them regarding strategy is a good idea.
Your lawyer is a professional who should comport themself in a professional manner. If yours is late to meetings with you, isn’t available for scheduled calls, fails to meet deadlines related to your claim, isn’t prepared for court dates, or simply doesn’t strike you as acting like a lawyer who is focused on your best interests should, you shouldn’t turn a blind eye.
Reach Out for a Heart to Heart
If you have reached the conclusion that you need to go in a different direction in terms of your personal injury lawyer, the first order of business is to let them know what you’ve decided and why. This is an opportunity for your lawyer to redeem themself. While there’s a possibility that you’re not aware of everything that’s going on behind the scenes, the bottom line is that you should know. If your lawyer does have plausible explanations for you that bolster your confidence, your next move is up to you. Something, however, got you to the point that you needed to have this talk, which makes proceeding with caution well advised.
An Experienced Georgia Personal Injury Lawyer Can Help
If you need a personal injury lawyer who’s committed to your claim, is responsive, and has the resources necessary to get the job done, the seasoned Atlanta personal injury lawyers at Spaulding Injury Law are well-prepared to help. To learn more, please don’t wait to schedule your free consultation by contacting us online or calling us at 770-744-0890 today.