Before changing attorneys mid-case, it’s always a good idea to take a step back and carefully evaluate the pros and cons of making the switch.
One thing to consider is the financial implications of this kind of a move: Will a new attorney cost you more (or less) money in the long run? And if you're spending more money on a new attorney, do you think the investment will pay off in the form of a more desirable outcome? You should also consider how much time it will take your new lawyer to get up to speed on your legal matter. Whether it’s reviewing your case file, talking to witnesses, or getting up to speed on case law related to your legal issue, that’s all time that could cost you money, depending on the terms of your representation agreement.
Here are a few more tips to keep in mind when it comes to getting any unused fees back from your old attorney, and resolving any issues over billing.
Getting Back Unused, Pre-Paid Fees
Depending on the kind of case you’re involved in, you may have pre-paid your attorney in the form of a retainer or other up-front fees at the outset of your case. If so, you may have some money coming your way.
All states adhere to the following principle where this aspect of the attorney-client relationship is concerned: Representation fees paid to a lawyer in advance (whether that money is described as a retainer, a deposit, or something else) belong to the client until the lawyer actually does the work to earn the money. If the work is not performed -- regardless of the reason for non-performance -- then the lawyer owes the client a refund.
That means whether you fire your attorney, or your attorney quits, you may be entitled to a refund for any paid-for services not yet rendered. (Learn more about When an Attorney Must -- or May -- Withdraw Mid-Case.)
However, you almost certainly won't get a refund on work the lawyer has already performed, regardless of how dissatisfied you may be with the outcome or progress of your case. A legal malpractice lawsuit is likely your only remedy in that situation, and you’ll need to have convincing evidence of your attorney’s wrongdoing or incompetence in order to be successful in that kind of claim.
Getting a Final Accounting
At the conclusion of your relationship with a lawyer, you should expect to receive a final accounting of all legal fees and expenses incurred on your behalf. If you have pre-paid or overpaid your attorney, then that accounting should include a refund. It’s reasonable to expect an accounting of the financial side of your case within 30 days of the end of the attorney-client relationship, so if you don’t have it by then, ask your attorney for a detailed accounting, and make sure to put the request in writing.
Resolving Fee-Related Disputes
If you disagree with the final accounting, and especially if you think you’re owed a refund, you should first contact the attorney, explain why you think you were overcharged, and attempt to amicably resolve the dispute. Again, be sure to document the details of any dispute or demand in writing, whether as part of a letter to your attorney, or as a “memorandum” to yourself.
You may also want to check with your local bar association to learn whether they offer arbitration or some other process to help resolve attorney-client fee disputes. Pay attention to the calendar, because you may be required to request dispute resolution within a certain period of time after receiving the attorney’s final bill or accounting.
If you request arbitration to resolve a fee dispute, you may notice that your attorney suddenly seems very motivated to resolve the matter before your scheduled arbitration hearing. Once the attorney calculates how much time and money will be spent on arbitration, he or she may decide that it's a smart business decision to simply settle the dispute.
Learn more about hiring and working with an attorney in our Guide to Legal Services and Billing Rates.