Will I get my money back after firing my lawyer?

Yes, you can get your money back after firing your lawyer.

However, it depends on your initial agreement with your lawyer.

In this article, I advise you about getting back your money after firing your lawyer.

Will I get my money back after firing my lawyer?

Despite a lawyer’s best intentions, a client may be unhappy with the services that the lawyer has provided.

Therefore, they might find themselves dismissing the services of their lawyers.

However, the dilemma of getting back your money after firing your lawyer is an apparent issue.

Once you have hired a lawyer, depending on the subject matter of the case, you will need to pay lawyer fees.

For most personal injury cases, lawyers will work on a contingency fee basis (usually 33% of the settlement offer).

Although no law stipulates this, but for personal injury cases, a lawyer will require you to pay a retainer if they are paid on an hourly or flat-fee basis. 

Nonetheless, will you get back a part of your retainer after firing your lawyer? Yes, depending on several factors, you should be able to get your money back after firing your lawyer.

The process of getting back your money after firing your lawyer

Will I get my money back after firing my lawyer

After you have fired your lawyer, send a notarized letter to your lawyer via certified mail.

This letter should state all the reasons that made you fire your lawyer.

If you paid the lawyer on a retainer basis, you should always ask for a breakdown of the expenditure and demand the repayment of any unused portion of your retainer.

The law requires that lawyers should deposit the retainer in an escrow account, therefore, a lawyer can never access this money without sending a formal bill to you.

Once the lawyer has calculated the total expenses, they are supposed to deduct it from the initial retainer you deposited. These expenses include the lawyer’s hourly rates or flat fees and other expenditures from these deposits.

In the case that your retainer was over, you would owe your attorney if your deposit depletes before a case is completed. Otherwise, your attorney owes you money after you have fired them, and so they would have to give a refund.

Where a lawyer fails to send such a refund, one can initiate several steps to ensure that they receive their money.

First, one needs to send another letter reminding the lawyer why they decided to take them off the case. This letter should also demand prompt repayment of the retained. Furthermore, the letter should spell out the consequences of inaction from the lawyer.

These consequences are usually threats to report them to the Better Business Bureau and the State’s Bar Association.

Frequently Asked Questions

1. Why Should I Fire My Attorney

In such situations, a client may not agree with the attorney’s strategy. Thus, the client may believe that the lawyer is not prepared or is not acting professionally.

2. Can I get my money back after firing my attorney?

If you had contracted your lawyer on a retainer fee, then they would have to deduct the expenses they used in handling your case as well as their respective hourly rates from your settlement.

3. Can my legal guardian fire my attorney?

A person who has been appointed as a legal guardian may not be able to fire an attorney without the guardian’s approval.

4. Will I get in trouble with the law for firing my attorney?

In criminal cases, or in cases in which a trial is pending, the court will have to approve the change of attorney. a judge may decide to deny your request as they may see this as a delay tactic.