Tucson Social Security Disability Blog

Can I Fire My Lawyer?

Posted by John Kuhnlein | Nov 01, 2016 | 0 Comments

I have previously posted about changing lawyers. In the event your relationship with your lawyer is hopelessly broken, you can fire her if you want to. But, as with most things, it can be a little complicated.

You Did Hire A Lawyer, Right?

First, let's hope you hired an actual lawyer. Social Security, for unfathomable reasons, will let anyone represent people for disability.  If you have an actual lawyer, she is subject to ethical rules pertaining to ending representation.  If your representative was a plumber before deciding to represent people before Social Security, you have a lot less protection.

You Can Always Fire Your Lawyer

First things first: you can always fire your lawyer. She cannot force you to stay. To dismiss your

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And You Are Fired

lawyer, write to her to say you no longer want her services.  A lawyer should immediately withdraw from your case. She will also notify Social Security of your decision. You can also inform Social Security that you have fired your lawyer. Since Social Security so often fails to take notice of what people tell them, letting them know you have fired your lawyer is probably a good idea.

A lawyer is obligated to return all materials, such as medical records, to you. She cannot keep these until you pay any outstanding costs. To do so is an ethical violation.  As for your friend, the former plumber, good luck getting anything back.

Firing Your Lawyer Is Only The Half Of It

Now for the tricky part. Your lawyer should get out of your case as soon as you tell her to. But, she can refuse to waive her right to get paid in your case. That seems fair. But, if your former

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Remember Me?

lawyer does not waive her right to collect a fee in your case, you may find it hard to hire a new lawyer. This is because if more than one lawyer wants to collect a fee, Social Security will not pay either one directly. Rather, both lawyers have to submit a so-called fee petition. Preparing and filing a fee petition is time consuming. It also means that payment is going to be delayed for months, or even years. I dislike fee petition cases. Most lawyers do.

The Need To File A Fee Petition Could Mean No Good Lawyer Wants Your Case

When you approach a lawyer to replace the one you fired, she will be thinking two things: 1) this guy already fired one lawyer, and might be more trouble than he is worth and 2)I am going to

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You Want Me To Work For My Money?

have to do much more work to get paid and I might not see my fee for years.

If your case is marginal or even a bit complicated, a lawyer in these circumstances might decide to pass. 

So, to sum up: go ahead and fire your lawyer if you want to. But, keep in mind two things: 1) this will not speed up your case and 2) you might struggle to find a competent lawyer to take your case.

About the Author

John Kuhnlein

Since 1992, I have been helping the people of Southern Arizona get the benefits they are due. Before devoting all my efforts to assisting people with Social Security disability claims, I also handled such complex lawsuits as medical malpractice and products liability. I brought to my Social Security cases all the skills and attention to detail that I developed in the courtroom. I approach each Social Security disability case as if it were a million-dollar lawsuit. For the people trying to get Social Security benefits, their claim is every bit as important. Because I have personally handled so many Social Security cases, I have refined the skills I need to win your case for you. I have helped people win cases for every kind of ailment from arthritis to valley fever. At present, I am focused on helping those persons with neurological and orthopedic disorders. Because claims for people over age fifty bring additional complications, I particularly seek out those cases to work on. I regularly write about back and spine conditions on my blog. I actively seek out the latest information about orthopedic and neurological disorders to ensure I can represent my clients as effectively as possible. Because of my current focus, I regret that I am not able to take any cases for mental disorders. If you are over age fifty and suffer from any orthopedic or neurological disorder, please contact me at once.

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John Kuhnlein has been assisting people with Social Security disability claims for the past 20 years.

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