You always have the right to control who represents you in legal matters. That is a fact that is always true no matter what type of legal situation you find yourself dealing with.

If you filed a bankruptcy and Firm A represents you; you have the right to fire Firm A and hire Firm B to substitute in as counsel.

REASONS WHY YOU MAY FIRE AN ATTORNEY

You do not have to justify your reasons for wanting to make a change in representation. Reasons why clients have made changes are lack of communication, lack of clear strategy, negligent work. Mostly any change in attorney boils down to dissatisfaction on the part of the client. And it’s your right to seek representation which works for you and your situation.

ATTORNEY FEES IN BANKRUPTCY

In a chapter 13 you will have to pay the remaining balance of the flat rate fee.

If you are hiring a new attorney to handle your chapter 7, you will likely make a new fee arrangement with the attorney. Any refunds of fees from Firm A, that you fired, will depend on how far in the bankruptcy process you’ve gone as well as the provisions of the retainer agreement you signed at the beginning of the bankruptcy.

ADVICE FOR MAKING A SWITCH

Advice for choosing a different attorney is the same advice for choosing an attorney in the first place. You should choose an attorney that makes you comfortable, if you do not have a comfort level you will not be open with your attorney; if you cannot be open with your attorney, he or she cannot provide the level of service needed in order to achieve the goals you want.

Also make sure the attorney you are considering answers all of your questions and has an office and staff dedicated to providing prompt responses to emails and phone calls.