Thinking About Changing Lawyers? Here’s What You Need to Know
If you’ve hired a lawyer and you are having second thoughts, you aren’t alone. There are several reasons why you may want to call it quits with your lawyer. Examples could include everything from poor communication to unprofessional conduct, or even a personality clash. A lot of people mistakenly think that they are stuck with the lawyer they hired or assume that it is going to be difficult or costly to make the switch.
Can you fire your lawyer in Alberta?
Yes. In Alberta, you have the right to end your relationship with a lawyer at any time.
Depending on your situation, there may be a few steps involved, but you are always entitled to choose representation that feels right for you.
Signs it may be time to consider a new lawyer
Every situation is different, but here are some common reasons people start thinking about making a change:
Are you struggling to get updates or responses?
Clear, consistent communication matters, especially during something as important as a legal claim. It’s true that lawyers are very busy, but that is no excuse for not returning phone calls or replying to emails within a reasonable time frame. While you may not be able to get your lawyer on the phone every time, a legal assistant or team member assigned to your case should be able to ask questions on your behalf and get back to you promptly.
Does your lawyer have the right experience for your case?
Law is a broad field, and experience matters. If your case involves a personal injury, long-term disability, malpractice, or employment issue, you deserve a lawyer who regularly works in that area and understands the nuances. If you’re unsure whether your lawyer has the right background, it’s okay to ask questions, or seek a second opinion.
Do you feel your case isn’t being handled with care or preparation?
Your lawyer should always be prepared, especially for important legal proceedings. When you arrive to a scheduled meeting, your lawyer should be organized, have your file and legal information on-hand, and be ready to answer your questions. If you feel like your lawyer is wasting your time or is unprepared, it’s probably time to find another lawyer.
Are there unexpected fees or unclear billing?
Legal costs should be clearly explained upfront. If you are receiving what you feel are unreasonably high bills or unexpected charges, it might be time to start thinking about looking for another lawyer. At Litco Law, we never bill by the hour, and we’re always completely upfront about our pricing – so there aren’t any surprises. Our Personal Injury claims are always on a contingency basis, which means you don’t pay us anything until your claim is resolved.
Are you concerned about your lawyer’s professionalism or ethics?
Lawyers in Alberta are required to follow strict professional and ethical standards. This includes avoiding conflicts of interest, protecting your confidentiality, and acting in your best interests. If something doesn’t feel right, it’s important to trust your instincts and explore your options.
Your lawyer has a legal duty to act ethically and in accordance with Alberta’s Code of Conduct. A breach of the Code may include:
- A conflict of interest
- Breaking lawyer-client confidentiality
- Misuse or mishandling of money
- Asking you to do anything that’s illegal
- Not informing you of a settlement offer
Could your lawyer’s mistake be affecting your case?
In some situations, concerns go beyond communication or fit, and relate to how your case is being handled. Legal malpractice can happen when a lawyer makes a significant error that negatively impacts your case. This might include missing important deadlines, misapplying the law, or making decisions that don’t align with your best interests.
Not every mistake rises to the level of legal malpractice, but if you’re worried that something serious has gone wrong, it may be worth speaking with another lawyer to better understand your options.
Does it just not feel like the right fit?
Sometimes, there isn’t one specific issue. Maybe it just doesn’t feel like the right match, and that’s okay. A strong lawyer-client relationship is built on trust, communication, and comfort. You deserve to feel supported and understood throughout the process. It’s perfectly fine to look for a lawyer that’s best suited to you. It’s a good idea to do your research and maybe even meet with a few lawyers before you commit to one. And remember, if you’ve already hired a lawyer, nothing is set in stone.
Will it cost more to switch lawyers?
This is one of the most common concerns, and in many cases, the answer is no. In contingency fee scenarios, both lawyers will typically come to an agreement on fees when the file settles. In most cases, this doesn’t cost the client any more money. If you’ve paid an upfront or non-refundable retainer, that may not be recoverable, but every situation is different, and it’s worth asking.
So, how do I fire my lawyer?
You are fully within your rights to look for another lawyer and doing so is easier than you might think. Here’s what you’ll need to do:
Have a look at the contract you signed. – Review your copy of the contract for a termination clause. If there are any specifics around termination notice, timing or anything else, you will need to follow the terms of the contract.
Hire before you fire. – If you are in the middle of legal proceedings, the last thing you want is to have no lawyer. Do your research. Read reviews. Set up a consultation with another potential lawyer (or a few). Once you’ve hired a new lawyer, it’s safe to proceed.
Send a termination letter. – This letter should state that you are ending the lawyer-client relationship and request that your file along with any other materials related to your case be forwarded to your new lawyer. In many cases, your new lawyer may be able to help you with this letter.
Notify the court. – If your case has already been filed with the court, your new lawyer will file a notice of change in representation.
Not sure if switching lawyers is the right move?
Not sure if changing lawyers is the right move? That’s completely understandable.
Our team is here to talk it through—no pressure, no cost. Even if you decide not to work with us, we’ll help you understand your options so you can move forward with clarity and confidence.
At Litco Law, it won’t cost you anything to speak to a lawyer. Contact us to speak with out legal team today. Consultations are always free and we never bill by the hour.
