Legal Question in Insurance Law in Pennsylvania

fireing a attorney

I hired an attorney to represent me in a personal injury case. Can I fire him? How much should I pay him for his services?


Asked on 4/08/04, 9:17 am

3 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: fireing a attorney

Yep. A retainer agreement with an attorney can generally be terminated by either party, at will.

It's not that unusual, and your new attorney can make the arrangements for the file transfer, usually be asking you to write a brief letter to the first attorney.

"At will" means a client can fire an attorney, and an attorney can drop a client, at any time, for any reason. Even if the agreement says otherwise, courts generally won't grant specific performance of a personal services contract. (It's a little too much like slavery). Our firm often gets inquiries from people who are unhappy with there lawyers, and the transfer can be accomplished without too much trouble.

The written agreement might say something about what the attorney is entitled to for the services rendered. Even if it doesn't, the attorney would be entitled to compensation based on the time and efforts, plus reimbursement of costs. That payment would be made at the end of the case.

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Answered on 4/08/04, 9:32 am
James Apple Apple and Apple, P.C.

Re: fireing a attorney

You can fire your lawyer at any time. If you want, you could offer to pay him/her a flat fee for the work performed. However, the lawyer is only entitled to receive the value of the services. Since most accidents are handled on a contingency fee, the first lawyer will usually only be paid from the proceeds of a recovery at the time it is paid. The old and new lawyers generally work out the value of the first lawyer's services in light of all the total work performed to get you your money. This should not total any more than the total fee you would have to pay to either lawyer. We would be pleased to assist you if their are any further questions. Best Wishes!

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Answered on 4/08/04, 10:09 am
Scott Diamond DIAMONDLAWYER

Re: fireing a attorney

you can the new attny will work out any fees due your old attny

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Answered on 4/08/04, 11:40 am


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