Can I Fire My Accident Attorney? Your Legal Rights, Contracts, and What Happens Next

By Emery Ledger on March 10, 2026

You’re in an accident and it wasn’t your fault. You want to sue the other party, so you hire a lawyer. Soon after, you decide you’re not happy with the lawyer but you’ve already signed the paperwork. You wonder, “Can I fire my accident lawyer, or have I just made an irreversible mistake?”

The good news is that you can fire your accident attorney.

The bad news is that it’s going to be complicated. Your lawyer agreed to work on a contingency fee basis. You signed a contract. There are other fees involved. And switching lawyers might affect your chances of getting compensation.

Can I Fire My Attorney If I Signed a Contract?

You can fire your attorney at any point in the case if you want.

It doesn’t matter that you signed a contract. Or whether or not the lawyer is competent. 

However, if you don’t have a good reason (or “just cause” in legalese), you could be on the hook for certain financial obligations:

• Cost of expert witnesses
• Investigation costs
• Cost of copying and transferring documents
• Court filing fees

A Client May Fire Their Lawyer at Any Time

Again, you can fire your lawyer anytime you want. And for any reason. 

The law gives you full control over your case and your legal representation.

Your lawyer is legally required to honor your request. And to transfer your case files and information to your new lawyer.

But that doesn’t mean there aren’t consequences.

Your lawyer has to let the court know that he/she isn’t representing you anymore.

Your new lawyer will need to file papers with the court. He or she will likely ask for extra time to get familiar with your case. But that doesn’t mean the judge has to approve the request. If you live in a large city and the docket is crowded, your lawyer may have to jump in right away and catch up on the run.   

Valid Reasons to Fire Your Accident Lawyer

• Poor communication. Your lawyer is supposed to keep you updated on what’s happening with your case.
• Neglect. Your lawyer is supposed to meet court deadlines. Show up for meetings on time. Turn in paperwork on time. If he/she doesn’t do it, you need to find someone who will.
• Incompetence/lack of skill. Maybe you notice your lawyer is making mistakes. Doesn’t know laws that pertain to your case. Is making bad decisions that could cost you compensation. You need a new lawyer, and fast.
• Breach of fiduciary duty. This is a fancy term that basically means your lawyer isn’t following your wishes. Maybe he/she is pushing for a low-ball settlement. Or wants to take the case to court when you want to settle. Or does things that affect you without asking you first.

Potential Reasons for Firing Your Personal Injury Attorney

Some signs that you might have a good reason to fire your personal injury lawyer are:

• Unreturned calls/emails
• Disagreements over strategy
• Lack of dedication to your case
• Inability to collect and organize evidence
• Lack of knowledge about your specific type of case
• Ethical issues
• Conflicts of interest

Can Firing My Attorney Cause Issues with My Case?

Firing your lawyer can cause some delays. But these will likely be short. And they don’t necessarily cause issues.

Problems that can cause issues with your case are:

• Your fired lawyer doesn’t send information to your new lawyer right away
• You fire your lawyer before hiring a new one
• Your new lawyer doesn’t have enough time to get familiar with the case
• Your new lawyer is incompetent  

Contingent Fees and Injury Cases Explained

A contingency fee agreement means your lawyer doesn’t get paid right away. Instead, he/she gets a percentage of your settlement. It’s usually between 33% and 40% but can get as high as 50% if you have a very complicated case.

Firing your lawyer partway doesn’t mean he or she gets stiffed. Rather, your “ex-lawyer” puts a lien on your case and claims compensation after you settle or win.  

A Fired Contingent Fee Lawyer Will Likely Retain an Interest

A lien doesn’t mean a new lawyer can’t take the case. Or won’t take the case.

In fact, it’s not uncommon for personal injury cases to have liens. They can come from:

• Your doctor/hospital
• Your therapist
• Your health insurance company
• Government benefits office
• Workers’ compensation insurance company  

Let your new lawyer know your case has a lien. Your new lawyer will talk to your old lawyer to work out how much he/she will get for already completed work.

The lien doesn’t come from your share of the settlement. It comes from your new lawyer’s contingency fee. 

What Are Attorney’s Liens?

A lien is a legal claim. It lists documented expenses. It has a price tag for the value of services already provided. 

A lien ensures your lawyer gets paid for the work he/she did on your case.  

It’s paid from the final settlement, so don’t worry about it while your case is in progress

Does It Cost Me Anything If I Fire My Attorney and Hire Another?

It’s rare for a client to pay for a lawyer upfront in a personal injury case. So you don’t have to worry about recouping legal fees from your fired lawyer.

You might get hit with case fees. But you’d have to pay for those anyway. The only difference is you’re paying before you settle/win instead of afterward.  

Steps to Firing Your Personal Injury Attorney

• Keep a log documenting infractions or unanswered calls and emails
• Find a new lawyer. Before you fire your old one. It prevents problems with your case.
• Write a formal letter. You can find templates for free online. Or your new lawyer can give you one.
• Explain your reasons. Give specific dates, times, and information
• Ask your old lawyer to transfer all information to your new lawyer
• Ask your old lawyer to send an itemized list of expenses in the next fourteen days. Let him/her know that if you don’t get the list, you’ll assume there are no expenses to pay for
• Send the letter by certified mail. Use the tracking number to make sure your old lawyer got it

How Do I Fire My Accident Lawyer Professionally? 

It’s easy to be pissed at an incompetent or unethical lawyer. But your termination letter isn’t supposed to be a grievance sheet. It has to be formal. Professional. Clear.

There are three steps to firing your lawyer professionally:

• Sending a formal termination letter
• Requesting a copy of all case files
• Notifying the court (if your old lawyer already filed your case)

Can I Switch Personal Injury Lawyers Easily?

Switching lawyers can feel scary. But don’t worry. It’s common. Lots of people do it.

Make things as easy as you can on yourself by finding a new lawyer before firing your old one.

Your new lawyer can help you fire your old one properly. Your new lawyer will tell the court that he/she is now representing you. 

Your new lawyer can also help you get your files and information from your old lawyer. And work out a deal to split the contingency fee after the case is won or settled. 

Considerations Before Firing Your Accident Attorney

Never fire your accident lawyer on the spur of the moment. Think about your reasons.

• Have you tried communicating regularly, with no answers?
• Are there valid reasons for the issues?
• How often do issues arise? Was there a one-time problem (such as showing up late because of horrible traffic) or are problems ongoing?
• Is your lawyer willing to work with you and follow your instructions even if he/she doesn’t agree with them?

Be sure to also think about timing. If you’re in the middle of settlement negotiations, it might be a bad time to switch lawyers.

Conclusion – Should You Fire Your Accident Attorney?

You control your case. And you can fire your lawyer at any point in time.

But it’s not a decision to be made in a hurry. On the spur of the moment. 

Think about what your lawyer is doing wrong. And find a good lawyer who can do a better job before you fire your old one.

Fire your old lawyer properly, with a formal, certified letter. And make sure you ask for copies of all your case files.

If you’re looking for a new accident lawyer, Ledger Law can help you out.

Our team is experienced and has a winning track record. And we have no problem transitioning into a case that another lawyer already started.

Still aren’t sure? The first consultation is 100% free. You have no obligation and nothing to lose by giving us a try.

FAQs About Can I Fire My Accident Attorney

Can I fire my accident attorney at any time during my case?

Yes.

Can I fire my attorney if I signed a contract with them?

Yes.

What are valid reasons to fire my accident lawyer?

• Lack of communication
• Disagreements over how to proceed with the case
• Neglect
• Incompetence
• Conflicts of interest

Will firing my accident attorney hurt my personal injury case?

It might. But most likely not, especially if you find a good new lawyer before firing your old one.

Do I have to pay my lawyer if I fire them before settlement?

No. But you might have to pay for some of your lawyer’s expenses.

What happens to contingency fees if I fire my accident attorney?

Your new lawyer and old lawyer come up with an agreement for how to split it. It never comes from your share of the settlement or judgment. 

Is it hard to fire my accident lawyer and hire a new one?

No. But you have to follow procedures and do it right to avoid problems.

Emery Ledger

Emery Brett Ledger brings more than 27 years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.