Firing Your Personal Injury Attorney In New York

If You Fire Your Personal Injury Attorney Will It Cost You More Money?

The answer is NO. You have the absolute right to fire your attorney and you will not need to pay any additional fees to your new attorney. At the end of the case, all of the attorneys that were involved will come to an agreement as to how to split the 1/3 attorney fee. If they cannot come to an agreement, they might ask the Court to help. But you will not be involved in this process, and it will never affect the portion of the settlement that belongs to you.

Remember – your attorney works for you. You are in charge. If you are unhappy with your attorney in any way, you have the right to end their representation in your personal injury case without losing any money. In fact, if you hire us as your new attorney, we will relentlessly and rapidly fight to get you the highest award possible. Changing attorneys will not cost you a penny and can benefit you greatly. If your instinct is telling you that your attorney is not right for you, call us for a free consultation.

Will My Case Take Longer if I Fire My Personal Injury Attorney?

The answer is NO. You have the absolute right to fire your attorney and you will not lose any time at all. In fact, your case might be resolved quicker. The Law Offices of Michael S. Lamonsoff we will make the transition as quick as possible. – think of your case as a relay race. By hiring a new law firm you are simply passing the baton on to the next attorney and advancing towards the finish line. We will fight hard to get you over that finish line quickly and successfully, as we do for all of our valued clients. In fact, if you hire The Bull, your case will likely take less time than it would have with another firm.

Here is how it’s done: We will fire your attorneys by transmitting the required documents. We will also call them. In this correspondence we will demand that they not contact you in any way. We will also demand that they immediately turn over their file on your case to us. Thereafter, your past attorneys are legally not allowed to contact you and must turn over your file to us. You will not have to speak to your prior attorney ever again. Directly after signing a retainer with our firm, we will immediately begin to fix any problems and issues that the prior firm made in your case. This will ensure that your case moves more swiftly through the Courts toward resolution. When we fire prior attorneys, we often find that they have “slow walked” our new clients’ cases. We will “jump start” your case in litigation and aggressively litigate to get the highest award possible.

Reasons Why You Might Need to Fire Your Attorney

Lack of Communication

Effective communication between you and your attorney is crucial for a successful legal representation. If your attorney is unresponsive to your calls or emails, fails to keep you updated on the progress of your case, or doesn't address your concerns promptly, it can lead to frustration and dissatisfaction.

Incompetence or Inexperience

Your attorney should have the necessary skills, knowledge, and experience to handle your legal matter effectively. If you believe that your attorney lacks competence in the relevant area of law, makes frequent mistakes, or demonstrates a lack of understanding of your case, it may be a red flag that you need a new attorney.

Conflicts of Interest

A conflict of interest can arise if your attorney has a personal or professional relationship that interferes with their ability to represent your best interests objectively. For example, if your attorney represents another party with conflicting interests or has a financial interest in the outcome of your case, it can compromise the attorney-client relationship.

Ethical Violations

Discovering that your attorney has engaged in unethical behavior, such as dishonesty, fraud, or breach of confidentiality, can severely undermine your trust and confidence in their representation. Ethical violations can also lead to disciplinary actions by legal authorities.

Missed Deadlines or Court Appearances

It’s impossible to overstate the importance of timeliness in legal proceedings. If your attorney consistently misses deadlines, fails to attend court hearings or meetings, or neglects essential aspects of your case, it can harm your legal standing and jeopardize the outcome of your case.

Differences in Legal Strategy

You and your attorney should be aligned regarding your case's legal strategy and approach. If you disagree with your attorney's tactics, decisions, or settlement negotiations, and efforts to resolve these differences are unsuccessful, there may be a fundamental mismatch in expectations and necessitate a change in representation.

Steps to Firing Your Attorney in New York

1. Evaluate Your Reasons
Before taking action, consider why you want to fire your attorney. Document any issues or concerns you've encountered, such as lack of communication, missed deadlines, or disagreements about strategy.

2. Consult with Another Attorney
We advise consulting with a new attorney before terminating your current one. They can provide guidance on the process and assess the status of your case.

3. Notify Your Attorney
Inform your current attorney of your decision to terminate the relationship. Send a written letter or email clearly stating that you are ending their representation and requesting any necessary documents or files related to your case.

4. Review Your Case File
Obtain a copy of your case file from your current attorney. This includes important documents, correspondence, and evidence related to your legal matter.

5. Notify Relevant Parties
Inform any relevant parties, such as the court, opposing counsel, or third parties, of the change in representation. Provide contact information for your new attorney, if applicable.

6. Settle Financial Obligations
Resolve any outstanding financial obligations with your current attorney. This may include paying for services rendered or negotiating fees if there are disputes.

7. Transition to New Representation
Once you have secured new legal representation, work closely with your new attorney to transfer your case smoothly. Provide them with all relevant information and cooperate during the transition process.

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Protecting You from Fraudulent Immigration Legal Services

At the Law Offices of Michael S. Lamonsoff, we stand alongside the Manhattan District Attorney's Immigrant Affairs Unit in condemning fraudulent practices that exploit vulnerable immigrants seeking legal assistance. The recent indictment of Pablo Israel Ortega Cuenca underscores the importance of caution when seeking legal services, especially in immigration matters.

Manhattan District Attorney Alvin L. Bragg, Jr. has announced the indictment of PABLO ISRAEL ORTEGA CUENCA, 33, for posing as an immigration attorney and defrauding numerous people by collecting thousands of dollars in legal fees. CUENCA faces charges in a New York State Supreme Court indictment, including:

Two counts of Immigrant Assistance Services in the First Degree
Two counts of Grand Larceny in the Third Degree
One count of Scheme to Defraud in the First Degree

More details include the following:

According to court documents and statements, CUENCA deceived clients from February 2017 until at least October 2019 by misrepresenting his professional status and the fees required for immigration applications
He provided misleading advice, including advising an individual to submit a meritless asylum claim and failing to file applications or communicate court dates
CUENCA falsely presented himself as an immigration attorney, as well as an employee of the Spanish Consulate or a government immigration official, ultimately collecting over $11,000 in legal fees from multiple individuals

Resources for Victims of Immigration Legal Fraud

The Manhattan D.A.’s Immigrant Affairs Unit encourages all victims of immigration fraud to come forward. It offers support through its Immigrant Affairs Coordinator, Emely Salazar Perez, who focuses on community outreach and providing immigrants with resources to ease their transition into Manhattan.

You can contact the Manhattan District Attorney's Immigration Affairs Unit hotline at 212-335-3600 or via WhatsApp at 347-371-0877. Interpreters are available to assist non-native English speakers, and your immigration status will not affect your ability to seek help.

The Law Offices of Michael S. Lamonsoff is here to advocate for justice and protect the rights of all individuals, regardless of immigration status. Our experienced legal team offers guidance, support, and legal representation to those affected by fraudulent practices. Together, we can work towards a fair and just legal system for all.

Why You Should Choose the Law Offices of Michael S. Lamonsoff After Firing Your Attorney

If you find yourself in need of new legal representation after firing your attorney, the Law Offices of Michael S. Lamonsoff offers a compelling choice. Here's why:

Proven Track Record: With over $500 million in verdicts and settlements for clients, Michael S. Lamonsoff and the team have a proven track record of success in handling complex legal matters. Our experience and expertise can be instrumental in achieving favorable outcomes for your case.
Client-Centric Approach: Our clients come first. We’re dedicated to providing compassionate and effective legal representation, ensuring that your needs and concerns are addressed every step of the way.
Aggressive Advocacy: Michael S. Lamonsoff, known as "The Bull," is renowned for his aggressive advocacy on behalf of clients. He never backs down from a challenge and fights relentlessly to protect your rights and interests.
Comprehensive Legal Services: Our firm offers a wide range of legal services, including personal injury, workers' compensation, employment law, and more. Whatever your legal needs, the Law Offices of Michael S. Lamonsoff has the knowledge and resources to assist you.
Multilingual Support: We respect the importance of effective communication, especially for clients who speak languages other than English. With multilingual staff and resources, we can accommodate non-English-speaking clients with ease.
Free Consultation: To help you make an informed decision, the Law Offices of Michael S. Lamonsoff offers a free consultation. During this initial meeting, you can discuss your case, ask questions, and learn more about how our firm can assist you.

By following the steps outlined in this guide and choosing the Law Offices of Michael S. Lamonsoff, you can confidently move forward and secure the legal representation you deserve. Contact us today to schedule your free consultation and take the first step toward resolving your legal matter.

Member of:

Board of Directors of NY State Trial Lawyers Association
American Association for Justice
NY County Lawyers Association

Educated at:

University of Arizona
Benjamin N. Cordozo School of Law
Double post-masters degrees in psychology at Columbia University

Awards:

6X Super Lawyers Panel
Million Dollar and Multi Million Dollar Advocates Forum