Can I Fire My Pedestrian Accident Lawyer?


Can I fire my pedestrian accident lawyer? Yes. Yes. Yes. Good afternoon. I’m Neil Burns. I’m a lawyer along with my partner, Roshan Jain. We represent victims of personal injury and legal malpractice. We get a lot of calls in the context of legal malpractice regarding firing the lawyer or the lawyer screwed up.

They need a new lawyer. And most of the time the lawyer didn’t screw up and they don’t need a new lawyer, they just need to communicate with their lawyer. So the number one thing we typically advise people in that situation is to communicate with your lawyer. You have a pedestrian accident case, you’ve been injured badly, you’ve been injured by a car or a motorcycle or a truck and these can be serious injuries and you deserve to talk to your lawyer, have a strategy that the two of you agree on, that you can understand and that you can communicate with on a regular basis when you need to communicate, whether it’s new medical treatment you want to relay to your lawyer or the strategy of the case and how that’s changing in the context of what’s going on with you medically, with you physically.

So work with your lawyer, communicate with your lawyer. Sometimes it’s mostly through a paralegal but some of the paralegals out there are fabulous. They work with you, they know what’s going on, they get things done. And most lawyers out there are very busy but they will take the time to talk to you and work things through with you. 

But if that doesn’t work, you can fire your lawyer and get a free initial consultation with us and we can help you move through that price process. Now it could be that the case is on pre-trial basis, that is, it’s in suit, but there’s no trial coming up. And in which case it simply a matter of filing a withdrawal by the other attorney and a motion by us.

And those are allowed and we move forward. If it’s before a lawsuit is filed, it’s even easier. New claims adjuster, new announcement, new letter. It’s not hard to do. You just have to make that decision based on what you feel comfortable with. Because there are going to be times in your case that are critical, explaining your case to your lawyer, explaining your case in a deposition, explaining your case at trial, at a mediation when you really want to make your point and show how badly injured you are.

And most critically in the cases that come to us in this context of trying to fire a lawyer is in trying to settle a case. Sometimes lawyers are deceptive, or they don’t tell you what’s going on. They say, we settled your case for 20, 000. Could be that that’s because there’s a minimal policy of 20, 000, and that’s actually a good result.

It could be there’s a 100, 000 policy, your case is worth a million dollars, but they have to meet payroll. You really need to understand your case, the strategy. And how they evaluate it and what’s going on with your case. So if you’ve been injured in a pedestrian accident or any type of accident, call us.

If you want to fire your lawyer, first try to communicate with him or her. Then, call us if that doesn’t work. If you think your lawyer committed malpractice, that there’s a case against your lawyer for blowing the statute of limitations or dropping your case in the middle of the case without telling you, without working it through with you, give us a call.

There may be a case for malpractice as well. Again, number one, communication. Number two, call for a new lawyer for a free consultation. Call Burns and Jain. 617-227- 7423. Thank you.