Can I Fire My Personal Injury Lawyer?

Yes. US law lets you replace a personal injury lawyer at any point. Send a written notice, collect your file, settle unpaid costs, and hire new counsel quickly so evidence stays safe and filing deadlines do not slip.

Getting fair payment for injuries can already feel like a full-time job. When the attorney you hired falls short (missing calls, leaving you in the dark, or pushing a weak settlement), you may feel stuck. 

Good news: Utah puts you in charge. 

State rules let you change representation whenever trust breaks down, and you can do so without hurting your claim if you follow the right steps. This guide speaks directly to injured Utahns in plain, practical terms. 

You will learn warning signs that signal it is time for a switch, the exact process for ending a contract, and how a respected firm such as Cockayne Law can step in without losing momentum. Our goal is simple: give you clear knowledge so you can keep healing while a dependable legal team protects your rights.

Key Points You Should Know

• Utah clients control lawyer choice
• Written notice ends representation
• Outgoing attorney must release file
• Reasonable fees may still apply
• Four-year suit deadline for most claims
• Two-year limit for wrongful death
• Insurance carriers need prompt update
• New counsel files substitution form
• Staying polite speeds the hand-off

When To Consider Firing Your Personal Injury Lawyer?

You hired legal help so you could focus on medical visits and family life. When that help stops helping, stress grows. Yet many clients second-guess themselves, worried they will lose ground or owe extra money if they let the lawyer go. Utah’s ethics code says otherwise: you may terminate representation anytime for any reason. The hard part is spotting the moment when inconvenience turns into real risk. Watch for the warning signs below. If several apply and efforts to fix the relationship fail, moving on could protect your payout and your peace of mind.

Red Flags

• Calls and emails sit unanswered for day
• You never receive copies of filings
• Court dates pass without updates
• Settlement offers presented without explanation
• Office staff act rude or dismissive
• Bills lack itemized costs
• Lawyer shows up late to mediation
• Questions met with vague answers
• Possible conflict of interest appears
• You feel pressured to accept low money

One missed call is normal. A pattern of neglect is not. Respectful communication, clear billing, and active case work are basic duties. If those duties keep slipping, schedule a frank talk. Still uneasy after that discussion? A fresh personal injury attorney may be the safest path forward.

How To Fire Your Personal Injury Lawyer (A Step-by-Step Process)

Letting an attorney go is less about drama and more about paperwork. Utah labels the client “captain” of the case, so no judge needs to bless the decision before you act. Yet careless moves, like missing a deadline or failing to secure your file, can shrink settlement value. 

The ten steps below outline a safe, respectful plan. 

Read them carefully, keep copies of each correspondence and lean on your newly found accident attorney to assist you with the transfer. 

Step 1: Take a Calm Assessment

When firing someone, take the time to write down each concern. Note dates of missed calls, unanswered emails, or confusing bills. Pull out your contract and any letters from insurers. Seeing facts on paper turns vague frustration into specific talking points and helps the next lawyer judge the current case status. 

It also prevents an emotional decision made on a rough day. If you find only minor delays, a direct conversation might repair the relationship. If you count multiple serious lapses, keep reading.

Step 2: Review Your Fee Agreement

Nearly every Utah contingency contract has a termination clause. 

Look for:

• Notice method – many require a mailed letter
• Copy costs – who pays for file duplication
• Attorney lien rights – unpaid hours, the lawyer may claim

Highlight each item. Knowing these rules upfront avoids surprise invoices. Remember that contingency fees are usually paid from future recovery, not out of pocket. If a fee split is due, new counsel typically negotiates it, so you do not pay twice.

Step 3: Check Case Deadlines

Utah gives most injured people four years to sue, but some windows close sooner: two years for wrongful death and medical malpractice, one year for claims against a city or state agency. Note every approaching date, plus any scheduled depositions or mediations. Switching counsel a week before a key hearing can hurt leverage. Share the timeline with replacement counsel to confirm they can step in without delay.

Step 4: Find Replacement Counsel

Interview at least two firms. 

Ask these questions:

• What was the number of car accidents or slip-and-falls you settled last year?
• Will you front medical-record costs?
• Do you try cases if insurers refuse fair money?
• How will your fee split with the outgoing lawyer work?

Look for a no-win-no-fee lawyer who answers plainly, returns calls fast, and explains Utah procedural rules in words you understand. Signing a new agreement before firing the old lawyer keeps your claim moving.

Step 5: Draft a Short Termination Letter

A clear letter should include:

• Your full name, address, and case number
• Statement ending representation effective immediately
• Request for the complete, unredacted file within five days
• Instructions to cease all communication with insurers
• Your signature and the date

Send by certified mail and email. Copy your new lawyer. Courtesy matters; keep the tone firm but polite. Burning bridges may slow file release or trigger needless disputes over fees.

Step 6: Request Your Entire File

Utah Professional Conduct Rule 1.16 requires lawyers to hand over everything they need to continue the case. That means pleadings, medical bills, photos, witness lists, expert opinions, and even handwritten notes. Ask for both PDF scans and original images. Double-check the contents against a checklist: medical records, crash reports, insurance letters, court filings, and expense ledger. Missing items can stall negotiation for weeks, so verify at pickup.

Step 7: Settle Outstanding Costs

Despite delaying lawyer fees until settlement, contingency contracts do not cover filing and medical records costs. You should request an itemized statement. Pay by check or card and keep proof. Your new attorney will need to show insurers that all previous costs are squared away; otherwise, adjusters may worry about future liens.

Step 8: Notify Insurance Adjusters

Why notify?

• Prevents checks from going to the former firm
• Stops adjusters from fishing for information
• Confirms that all future calls route through the new counsel

Send a short letter: “Please note that Attorney A no longer represents me. All communication should now go to Attorney B at (801) 940-5468.” Include the claim number and policy number. Keep copies for your file.

Step 9: Sign a Substitution of Counsel

Your new civil litigation lawyer drafts this one-page form listing outgoing and incoming counsel. After you sign, the lawyer files it with the court. Judges and opposing parties then direct all future notices to the fresh team. Without this filing, old counsel may still receive court mail, causing confusion and possible default.

Step 10: Review Any Attorney Lien

Utah lets a discharged lawyer claim fair payment for work already done, secured by a lien on future recovery. Your new contingency fee personal injury lawyer and the outgoing one usually split one fee rather than stack charges. Ask both firms to confirm the split in writing. 

You must follow each of these ten steps one at a time. It is important to stay organized to keep evidence and deadlines intact. Within a week or two, most clients feel relief and notice better communication from their new lawyer. You remain in charge from start to finish.

Talk to an Attorney About Your Personal Injury Case

Thinking about firing your current attorney can feel heavy, yet keeping silent can cost real money. A quick call to Cockayne Law may clarify your next move. This Utah-based personal injury law firm handles car crashes, slips, medical negligence, and wrongful death. 

The first meeting is free, and you talk directly with a trial lawyer, not a junior assistant. Bring your concerns, plus any letters or bills you have received. The team reviews your case file, pinpoints missed deadlines, checks policy limits, and explains realistic settlement ranges in plain English. 

If they think your current lawyer is doing a fair job, they will tell you so. If they see red flags, they will outline how a transfer would look, including fee splits and file pickup. Cockayne Law works on a contingency basis, so you pay nothing up front. 

Final Thoughts 

The lawyer you choose should return all your calls, explain each step, and fight for every dollar. Utah law gives you the power to switch when that standard fails. By following the steps above (calm review, clear notice, quick file transfer, and prompt insurer update) you protect both your rights and your recovery. 

Most clients who change counsel report better communication, faster progress, and renewed confidence. Healing takes energy; chasing paperwork should not drain it. If your current representation leaves you uneasy, take action today and focus on getting well while a reliable attorney handles the legal push.

FAQs

How to terminate a personal injury lawyer?

Write a dated letter ending representation, ask for your complete file, pay outstanding costs, and sign a substitution of counsel form with your new attorney. Keep copies for proof of delivery.

How to get out of a contract with a lawyer?

Follow the termination clause in your fee agreement, give written notice, cover any unpaid costs, and resolve attorney lien rights for work already performed.

Can I fire my lawyer after signing a contract?

Yes. Utah rules say the client may dismiss counsel at any time. In addition to the outgoing lawyer’s reasonable fees for completed work, you are still free to hire new counsel.

Is there a legal way to get out of a contract?

Yes. Contracts often include exit clauses. Even without one, Utah law allows termination with reasonable notice and payment of owed costs. A contract attorney can review specific terms.

What kind of lawyer do I need to get out of a contract?

Choose a civil litigation lawyer with contract experience. If your contract involves an injury case, a contingency-based personal injury law firm may handle the exit while continuing your claim.