SWITCHING LAWYERS: CONSIDERATIONS FOR THE INCOMING LAWYER It is not uncommon for a client to change attorneys midstream during his/her case. Sometimes this change occurs early on but sometimes it does not. This type of change is always the result of a breakdown in the attorney-client relationship. Sometimes this breakdown is the result of the attorney’s failure to communicate with and/or zealously represent the client. Other times, however, this breakdown is due to the clients unrealistic expectations. If you are the prospective incoming attorney, before accepting this type of client, a client who fired their previous attorney, you must sufficiently investigate and determine the reason for the previous attorney-client breakdown. Your due diligence could save you from a malpractice claim.
Experienced attorneys
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You don't need the liability nor is it worth the price your prospective client is willing to pay you. Your decision to turn away a client under these circumstances could save you from a lot of stress and, worst case, your license to practice law.
When I am faced with the same situation, I often ask myself five questions. Importantly, I can only answer these questions after I have completed my investigation into the client and his previous attorney-client relationship. If I answer “yes” to at least four of the following questions, then I have serious doubts about whether to accept the employment. After you have completed your inquiries, try answering the questions below. If you have any real doubts about whether you should represent a client, I suggest you just say no.
1. Does the previous attorney have anything bad to say about the client?
2. Does the previous attorney specialize in the area of law for which the client seeks counsel?
3. Has the previous attorney been practicing law for more than five