Reviewed by Larry Forman, Attorney.
Key takeaways: Yes, you can fire your personal injury lawyer in Kentucky at any time. Before you fire your personal injury lawyer, though, it helps to know how fees are split between lawyers, how your file gets transferred, and how to keep your case deadlines safe. If you want to fire your personal injury lawyer, here is what to expect.
Yes. In Kentucky you can fire your personal injury lawyer at any point in the case, for any reason. Switching lawyers rarely costs you more in fees, but there are a few steps to do it right.
Your right to fire your personal injury lawyer
Under Kentucky’s Rules of Professional Conduct, SCR 3.130(1.16), a lawyer must withdraw when the client discharges them. On the way out, the lawyer must protect your interests, including returning your papers and property and refunding any unearned advance.
Common reasons people switch lawyers
- Calls and emails go unanswered for weeks.
- You never speak to the lawyer, only staff.
- You are pressured to take a low offer.
- Nobody explains the plan or the deadline for your case.
- A deadline is getting close and nothing has been filed.
Do I pay two lawyers?
Usually not. In Baker v. Shapero, 203 S.W.3d 697 (Ky. 2006), the Kentucky Supreme Court held that a contingency-fee lawyer discharged without cause is limited to quantum meruit, meaning the reasonable value of the work actually done, not the full contract fee. In practice, the first lawyer’s share is usually paid out of the one fee at the end of the case, so you are not charged two full contingency fees.
The first lawyer may assert an attorney’s lien on the recovery under KRS 376.460. Your new lawyer handles that lien and the fee split. For how contingency fees work, see what a 30% contingency fee actually means.
How to switch lawyers step by step
- Talk to a new lawyer first, so there is no gap in representation.
- Sign with the new firm.
- Send the old lawyer a short written discharge letter. Your new lawyer can send it for you.
- The new firm requests your complete file.
- The new lawyer notifies the insurers and the court, if a suit is pending.
Watch the deadline
Switching does not pause the statute of limitations. Most Kentucky injury claims have one year (KRS 413.140(1)(a)); motor vehicle claims generally have two (KRS 304.39-230(6)). See our statute of limitations guide.
How Forman & Associates helps
We review your file, explain where the case really stands, and handle the transfer and the prior lawyer’s lien for you. Larry Forman has 13 years of experience representing injured Kentuckians, and you pay no fee unless we win.
Firing your lawyer FAQ
Can I fire my personal injury lawyer in the middle of my case?
Yes. Kentucky clients may discharge their lawyer at any time under SCR 3.130(1.16).
Will I owe both lawyers a full fee?
Generally no. Under Baker v. Shapero, a lawyer discharged without cause on a contingency fee gets only the reasonable value of the work done, usually paid from the single fee at the end.
Do I get my file back?
Yes. A discharged lawyer must surrender papers and property the client is entitled to.
Does changing lawyers delay my case?
There can be a short transition, but a new lawyer who is engaged often moves the case faster. The filing deadline does not pause, so act promptly.
Talk to a Louisville personal injury lawyer
Not happy with your current lawyer? A second opinion is free. Get a free case evaluation or call (502) 931-6788. Our office is at 1139 S. 4th St., Louisville.
This post is general information about Kentucky law, not legal advice. Every case is different.
