If you wish to fire your attorney in Florida, it should be done in writing.
Send your lawyer a letter explaining that you no longer want their services. Include a statement that you want a copy of your file. It’s also wise to notify the court of your desire to switch to new legal representation. Depending on the situation, you may still owe attorney’s fees.
Common Reasons for Firing an Attorney in Florida
There are reasons for firing a Florida attorney. They include lack of or poor communication, conflict of interest, incompetence or lack of knowledge, failure to act in the client’s best interest and excessive fees or lack of transparency regarding billing.
Lack of Communication or Poor Communication
Your attorney must effectively communicate all details regarding your case. Doing so poorly or not at all indicates you’re not in good hands.
Conflict of Interest
Conflict of interest is a major reason to part ways with your attorney. According to Florida Statute 112.312, this refers to a private interest that disregards a duty to clients or the public.
Incompetence or Lack of Knowledge
An attorney should know every aspect of the law and how best to handle your case. If they exhibit incompetence or lack of knowledge, you don’t stand a chance of success. This warrants firing the attorney.
Failure to Act in the Client’s Best Interest
If your attorney fails to act in your best interest, it doesn’t help your case. The best way to respond is to let them go so you can find a new lawyer.
Excessive Fees or Lack of Transparency Regarding Billing
Attorneys must be clear regarding their billing structure. If your case involves personal injury or workers’ compensation matters, you only pay if you win. According to Florida Statute 440.34, some cases result in fees when approved by a judge. This is a percentage of your compensation.
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Steps to Firing an Attorney in Florida
Certain steps are necessary when planning to fire your attorney. They include reviewing your contract and financial obligations, communicating your decision clearly, drafting a formal termination letter, ensuring the return of your files and legal documents, notifying the attorney and other relevant parties and seeking new legal representation promptly.
Review Your Contract and Financial Obligations
According to Florida Statute 287.57, hiring an attorney results in contractual services. If you want to fire a lawyer, review your contract and financial obligations. Become familiar with all terms and whether you still owe attorneys’ fees.
Communicate Your Decision Clearly
Avoid being vague, and communicate your decision clearly about firing your attorney. Explain your position, why the partnership isn’t working and why you need new representation.
Draft a Formal Termination Letter
Drafting a formal termination letter lets you voice your issues and be professional. Keep a copy for your records.
Ensure the Return of Your Files and Legal Documents
No matter how the attorney reacts when you let them go, they must return your files and legal documents. You have a right to recover everything related to your case.
Notify the Attorney and Other Relevant Parties
Notify the attorney and other parties relevant to your case of your decision. This allows them to prepare as you switch lawyers.
Seek New Legal Representation Promptly
Immediately search for a new attorney. Even if your case is ongoing, be thorough and narrow down your choices. Hire an attorney with expertise in your type of case who meshes with you the best.
Consider the Impact on Your Ongoing Case in Florida
Before making a move, consider the impact firing your attorney may have on your case. Ask yourself if the situation is serious enough to warrant going that far, or if the benefits outweigh the risks.
Keep Records of All Communications
Keep records of all communications with the attorney. It can help your case when you obtain new representation.
Frequently Asked Questions
How Do You Fire Your Attorney in Florida?
To fire your attorney in Florida, send them a letter detailing your reasons and requesting your documents.
What Are My Rights After Firing an Attorney?
After firing an attorney, you can request your files and hire new representation.
How Do I Write a Letter to Terminate My Attorney?
Make your letter professional but to the point. Explain your stance and that you want to find a new attorney.
What Should I Include in the Termination Letter?
Include a statement explaining why you’re terminating the attorney and a request for all documents and files related to your case. Ask about potential outstanding fees.
How Do I Remove an Attorney from a Case in Florida?
To remove an attorney from a case, file a Motion to Withdraw as Attorney or Motion to Substitute Attorney with the court.
Can I Get a Refund for the Services Already Paid?
You may get a refund for services you already paid if your case ends early and the attorney doesn’t complete all work.
How Do I Find a New Attorney After Firing One?
After firing an attorney, ask friends, family and colleagues for referrals. Check online for qualified lawyers with good reviews and recommendations from clients.
Need free legal help in Florida?
We specialize in personal injury claims.
