Legal Question in Personal Injury in New York

Re: fire an attorney

You can change lawyers at any time during the course of a case. Changing lawyers does not affect the client's share of any settlement or verdict. The lawyers, new and old, divide the one-third attorneys' fees either by agreement or per court ruling. Best, M. E. Zuller

Re: fire an attorney

Don't worry about what percentage the attorney will get. That will between that attorney and your new attorney. You have to do what is best for you. I would consult with a new attorney ASAP.

If you want you can also write him a letter terminating him. But, I would not do that until you obtain another attorney.

As someone who has clients with mental traumas, I know that they have to have extra care and require extra communication. If you would like to talk about your case please feel free to contact my office.

I wish you all the best.

Re: fire an attorney

Don't worry about what percentage the attorney will get. That will between that attorney and your new attorney. You have to do what is best for you. I would consult with a new attorney ASAP.

If you want you can also write him a letter terminating him. But, I would not do that until you obtain another attorney.

As someone who has clients with mental traumas, I know that they have to have extra care and require extra communication. If you would like to talk about your case please feel free to contact my office.

I wish you all the best.

Re: fire an attorney

You can fire an attorney at any time for any reason or even no reason. Whether or not your current attorney will get a percentage is between him and your next attorney but it will not affect how much you get as that is set by statute. Please feel free to contact me if you wish to discuss your case. Please also check out my web site.

Re: fire an attorney

I am sorry to hear about your being injured.

In a personal injury case in New York you have the right to discharge your attorney at any time and for any reason.

You are even permitted to discharge your attorney for no reason at all.

There is also no deadline to discharge your attorney, so you may do so at any time.

Further, in New York, if you discharge your attorney in a personal injury case and hire a new one it does not cost you any more than if you had stayed with the same attorney from the beginning through the end.

As far as your reasons, in my experience I have had numerous clients who hired another attorney shortly after an accident and subsequently discharged them to hire another.

About 1/4 of my cases come from clients who are dissatisfied by their current attorneys.

Personal injury cases are personal matters and it is critical that you have an attorney that is compassionate, competent, and responsive to your needs.

An attorney that is not responsive to your phone calls in the beginning of the relationship is likely a bad sign of a situation that will only get worse.

Most attorneys have a "24 hour rule." This is a promise that clients will always get a return call within 24 hours, and in most cases they do.

In short, you should never worry about discharging an attorney that you are not comfortable with and in most cases if you are not comfortable with your attorney you should retain one that you are comfortable with.

As far as competence, that pretty much goes without saying....

Patricia Martin-Gibbons