Legal Question in Personal Injury in Wisconsin

Re: firing an attourney

I think that you can fire your attorney at any time. The more important issue, I think, is whether you will have to pay your attorney even if you fire him or her. Your question did not identify the type of case you are involved with. If you are a plaintiff and have signed a contingent fee contract with your lawyer, the lawyer may have a right to be paid according to the terms of the contract unless you can show that the lawyer breached the contract by not performing as he or she should have. That may not be easy to prove and would depend upon the facts. If you are the plaintiff and have retained your lawyer on a contingent fee contract and if you are unable to prove that the lawyer breached the contract, you may be stuck paying the lawyer according to the terms of the contract, no matter whether you fired the lawyer, or not. Without knowing the facts or the terms of your contract with your lawyer, I cannot give you a better answer, other than to suggest that you continue to use the lawyer if you have retained the lawyer on a contingent fee and if you think that you may not be able to prove that the lawyer failed to uphold his or her end of the contract.

Re: firing an attourney

Yes you can generally fire your lawyer at any time. The court may not allow the firing if there is not time for substitute counsel at that stage of the proceedings. If your intent is to fire your attorney in order to eliminate paying that attorney the fees that the attorney has earned, the retainer agreement that you signed with that attorney probably provides that the attorney will be paid if the attorney is discharged. Please review your retainer agreement for more information. Also, most states provide that attorneys can get a lien for the time that they spent on the case.

I suggest trying to work out your differences with your lawyer; if you cannot resolve them satisfactorily, you have the right to end the representation if your case is not at a crucial stage. Good luck.

I hope that I have helped, answered all of your questions, and that I have provided you with useful information. Please contact me if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.