Dissatisfied Client Has Option of Firing Lawyer, Hiring Another |
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Most Americans see lawyers as a necessary evil. This view is not without some justification. I prefer to think that the evil, if any, rests with the reason for the hiring, rather than the lawyer. Lawyers most often are employed under unpleasant circumstances. They enter an emotional atmosphere that can cloud the client's judgment. Credit problems, marital problems, criminal matters, and business and insurance disputes account for most lawyer activity. Regardless of these circumstances, however, some clients become unhappy for good cause with the service they receive from their lawyers. The same is true, of course, with our doctors, accountants, auto repairmen, insurance companies, restaurateurs, barbers and others. If you employ a lawyer to assist you with a legal matter, and you become dissatisfied with his or her services, you need not remain committed to that lawyer. You may discharge your lawyer and employ another or simply represent yourself. In most court cases, however, you may not change lawyers solely for the purpose of causing delay. In addition, court rules limit a lawyer's ability to withdraw from a case under most circumstances. Generally, you are free to discharge a lawyer with whom you are dissatisfied. If you are unhappy with the services of your lawyer, and you cannot resolve the problem, consult another lawyer before firing the first. Ask the second lawyer for advice about your rights and obligations if you decide to fire your original lawyer. If you fire your lawyer, you may have to pay him or her for the work performed on your behalf, but you need not continue the relationship to the conclusion of your matter. In cases where your lawyer is to be paid on a contingent-fee basis— that is, he or she will receive a percentage of what you recover— generally, your former lawyer and your new one will reach an accommodation that keeps your percentage fee consistent with your original agreement. The State Bar of Arizona administers a fee-arbitration system for resolving disputes between lawyers and clients. If you believe you were charged too much for legal services, whether you fired your lawyer or not, contact the State Bar for information about fee arbitration. In any event, do not be intimidated by your lawyer. Remember, it was your decision to hire—it is your decision to fire. |
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