Written by Collin Melancon, personal injury attorney at Mansfield Melancon Injury Lawyers — mmcdlaw.com/about-us/our-team/collin-melancon/
Something isn’t working with your current attorney. Maybe they’re not returning your calls. Maybe months have passed with no updates. Maybe you’ve lost confidence in how your case is being handled. Whatever the reason, the question is the same: can you fire your personal injury attorney in Louisiana, and what happens if you do? The short answer is yes — you have the right to change attorneys at any point. Usually you still have two years from the date of your injury to file under La. C.C. Art. 3493.1, and that clock doesn’t stop during a transition.
You Always Have the Right to Fire Your Personal Injury Attorney in Louisiana
In Louisiana, as in every state, an attorney-client relationship is fundamentally voluntary. You have the right to terminate your attorney at any time, for any reason or no reason at all. A signed contingency fee contract does not lock you in permanently. The attorney cannot continue to represent you once you have clearly communicated that you are terminating the relationship.
What Happens to the Contingency Fee Agreement?
This is the part most people worry about. When you signed a contingency fee agreement, your attorney earned the right to a portion of any recovery. Firing them doesn’t necessarily extinguish that right. Your former attorney may have a claim for fees based on quantum meruit — the reasonable value of the work they actually performed up to the date of termination.
In practice, if your case eventually settles or results in a verdict, your former attorney may assert a lien on the proceeds. The amount is negotiated between the outgoing and incoming attorneys, or resolved by a court if necessary. In most cases, this happens without you paying anything out of pocket — the fee is split from the final recovery.
How to Make the Transition Smoothly
Put the termination in writing. A simple letter or email stating that you are terminating the attorney-client relationship and requesting return of your file is sufficient. Your attorney is ethically obligated to return your file and cooperate in the transition to new counsel.
Your file belongs to you — all documents, correspondence, medical records, investigation materials, and work product prepared on your behalf. If your former attorney delays or refuses to return your file, the Louisiana State Bar has a process for addressing that conduct. Our personal injury attorneys accept second-opinion consultations at no charge.
When Is the Right Time to Make a Change?
Earlier is generally better. The closer your case gets to trial or a filing deadline, the more disruptive a transition becomes. If you’re unhappy with your representation, don’t wait for a crisis point. Address it before the prescriptive period becomes a pressure point.
Frequently Asked Questions
Will I have to pay my old attorney out of pocket if I fire them?
Typically, no. In contingency fee cases, the outgoing attorney’s fee is paid from the eventual recovery, not directly by you. The split between the outgoing and incoming attorneys is handled separately and should not require any upfront payment from you to make the change.
Can my attorney refuse to give me my file if I fire them?
No. Louisiana Rules of Professional Conduct require an attorney to promptly provide the client’s file upon termination of the relationship. If your former attorney is withholding your file, that is an ethics violation and can be reported to the Louisiana State Bar Association.
Does switching attorneys reset the statute of limitations clock?
No. The prescriptive period runs regardless of who is representing you or whether a transition is in progress. Usually you have two years under La. C.C. Art. 3493.1 for personal injury claims — and that clock doesn’t pause for an attorney change. This is one reason why making the transition promptly matters.