Can I Fire My Premises Liability Lawyer?

Can I fire my premises liability attorney? Good afternoon. My name is Neil Burns. I’m a lawyer along with my partner, Roshan Jain. We represent victims of personal injury, legal malpractice here in Massachusetts. And today I’ve been asked to talk a little bit about how to fire a lawyer and in particular, how to fire, or can I fire my premises liability attorney?

We had a case recently where a client was injured at some property where he was renting. He lived there, and he was injured on a fall. Had to do with the way a part of the deck was constructed, and it was clearly negligent the way it was constructed. Things fell apart. It was rotten, it violated code.

There was no question about the liability and the viability of a case and the client had a lawyer and the lawyer wasn’t doing a good job. The client was communicating only with the paralegal and it was one of those TV firms and he was very frustrated. So we suggested, talk to the lawyer, get the paralegal to talk to the lawyer, have a meeting set up on zoom or in the office.

For whatever reason, that didn’t work out. They couldn’t come to a meeting. They couldn’t come to an understanding. So the client was able to disengage the lawyer and hire us. And that happens sometimes. Most of the time, you really just need to communicate with your lawyer. Talk to your lawyer. Sit down with your lawyer. Say, I’m really unhappy. Can we figure out what’s going on? What’s the strategy? What’s the next step? How does this work? How does that work? And if you don’t get an answer that you’re comfortable with, that you feel that he or she is doing a competent job, then yes, you should fire them because there’s going to become a moment, whether it’s at a deposition or at a mediation or a trial where you need to count on your lawyer.

You need to trust him or her. You need to say, yeah, he or she has been so good all along. I’ve understood the strategy all along. He’s explained to me, to be honest, she’s helped me through all this. This is going to work. I will do the next step. I’m confident in their recommendation, because at that moment it’s, you’re not going to have six months to prepare for it.

You’re only going to have a minute. And if it’s a trial, for example, or a deposition, which happens a lot, so you need to feel comfortable. So if you need to fire a lawyer, fire your lawyer, but first please try to communicate with him or her and try hard because sometimes they’re busy and sometimes they’re on vacation and sometimes paralegals are instructed to keep people away for whatever reason, but you need to communicate with him or her.

If that doesn’t work, give us a call. It’s a free initial consultation at Burns and Jain. We’ve been representing victims of personal injury, certainly premises liability cases and legal malpractice since 1985. We’re here at Six Beacon. We’ve been here at Six Beacon since 1987. Many many years. Give us a call.

It’s a free initial consultation, 617-227-7423. Thank you.