Can I Talk to Another Attorney Before Firing My Current One?
Can I talk to another attorney before firing my current one? Yes! If your current attorney is not doing their job and you are considering a change of representation, consider whether or not your current attorney’s behavior would be considered legal malpractice before making the switch.
If you’re wondering what to do if your lawyer is not helping you, how to fire a lawyer, or how to sue them for legal malpractice, then you’re in the right place — we sue lawyers! Ross Sears II, co-founding attorney of Sears Crawford, has been suing lawyers in Texas for over 30 years. If your attorney has caused you monetary damages, Ross is the lawyer you want on your team to recover your losses.
Call Ross Sears at Sears Crawford at (713) 223-3333 to discuss your case today.
Can I talk to another lawyer if I already have one?
The answer to this question is simple: YES. You can talk to another lawyer even if you have already employed one, and it doesn’t matter if you’ve already fired your lawyer or not. In fact, it is often a good idea to get a second opinion on your case from the outset.
Nevertheless, you shouldn’t be forced to remain in an attorney-client relationship that isn’t working in your favor. If you have any concerns about your attorney’s performance, motives, or dedication to your case, you should get out of that relationship before it is too late.
When is it too late to fire your attorney?
It might be too late if your attorney has already mishandled your case. While you cannot find a new attorney and start the case over again, you might be able to sue your attorney for malpractice before the statute of limitations has expired.
The statute of limitations on legal malpractice in Texas is generally two years from the date of discovery of the alleged malpractice. This is why it is important to act. The moment that you suspect that your attorney has wronged you, pick up the phone and call a professional lawyer who sues lawyers, like Ross Sears II at Sears Crawford.
How do I write a letter to my attorney for termination?
Writing a letter of termination is only one step in the process of firing your lawyer for committing malpractice. The first step in suing your lawyer is to already have a new lawyer ready. Whether your old attorney has already mishandled your case and you’re looking to sue, or your case is still ongoing, you’ll need a new attorney in your corner to make sure that you won’t be left in a worse position than you’re already in.
It is also important to note that if your attorney is under a contingency fee agreement, you should be careful about how and why you fire them. You’re allowed to fire your attorney for any reason at any time, but if you do not have sufficient cause to terminate a lawyer under a contingency agreement, you may still owe them a fee.
Once you have a succession plan in place and have confirmed that you want to fire your attorney, you should:
- Let them know in writing that you are firing them, making sure to list the reasons for the termination, and indicate why you believe these reasons to be the “cause” for the termination.
- Let them know who your new attorney is going to be, and ask that they transfer your case file over as soon as possible.
We know that you can fire a lawyer for not doing their job, but can you sue a lawyer for not doing their job? Just because your lawyer is exhibiting some of the signs of a bad attorney does not mean that they have committed malpractice; it does mean, however, that you might want to hire a new attorney.
Reasons for firing, and suing, your attorney
Why do people change lawyers? What are some behaviors that could indicate that you need to fire your lawyer, and what are some that indicate that you should sue them? While you’ll certainly want to fire a bad attorney, you’ll only be able to sue an attorney that has committed legal malpractice that has caused you financial harm.
What are some examples of attorney behavior that often constitutes legal malpractice?
- Attorney fraud occurs when your attorney plans or executes any act of deception for unlawful personal gain.
- Failure to obtain client consent occurs when your attorney settles a case without your approval or takes an amount that you did not agree to.
- Failure to know or apply the law occurs when an attorney takes on a case outside of their expertise.
- Breaches of fiduciary duty occur when an attorney breaches your confidentiality or trust, misleads you in any way, misrepresents facts, or has a conflict of interest, or takes actions that harm you while benefiting themselves.
- Failure to calendar occurs when your attorney misses important deadlines that negatively affect your case.
If your attorney has committed any of the infractions listed above, call Ross Sears, legal malpractice attorney at Sears Crawford to recover the damages you have lost.
Suing your lawyer? Call Sears Crawford today for representation.
So, can I talk to another attorney before firing my current one? Yes, but make sure that you have a succession plan in place if you plan to fire your attorney — especially if they mishandled your case.
If your previous attorney did screw up your case, and you need to talk to a new attorney with experience suing lawyers, look no further than the aggressive and dedicated legal malpractice attorneys in Houston at Sears Crawford.
Ross Sears II has been holding negligent attorneys in Texas accountable for over 30 years, while protecting his clients and helping them get what they deserve. Call Ross at Sears Crawford at (713) 223-3333, or contact us online for a free consultation today.
More Helpful Articles by Sears Crawford:
- What Does My Lawyer’s Fiduciary Duty Require?
- I Think I Hired a Lawyer With a Conflict of Interest
- Do Not Hire a Lawyer Who Does Not Carry Legal Malpractice Insurance
- Hiring a Legal Malpractice Attorney in Texas
- What To Look For in a Texas Legal Malpractice Attorney