You signed the contract eight months ago, and now your calls go to a paralegal who doesn’t know your name.
You’ve convinced yourself this is normal. Maybe cases just take this long. Maybe your lawyer is working on something important and will call back Tuesday. Maybe you’re being “difficult” if you follow up again.
You’re not being difficult. You’re being ignored. And in Michigan, you don’t need anyone’s permission to fix that.
The absolute right to discharge
Michigan recognizes something called the “absolute right to discharge” your attorney. You do not need a reason. You do not need to prove they did anything wrong. You do not need to negotiate with them, argue with them, or apologize for wanting out. The rule exists because the attorney-client relationship depends on trust — and once trust is gone, the client gets to leave.
This right is built into the Michigan Rules of Professional Conduct and decades of state Supreme Court decisions. Your lawyer knows it. They just don’t advertise it.
What your contingency agreement actually says
Most personal injury retainers have intimidating language: “This agreement shall remain in effect through the final resolution of all claims…” People read that and assume they’ve signed their case away.
They haven’t. That language governs the fee, not your freedom. The agreement cannot override your ethical right to fire your lawyer. A contingency contract is not a contract of servitude — it’s a fee arrangement that says if the case produces money, this is how it gets split. We’ll come back to the fee split below (it’s less scary than you think).
The 60-second reality check
Before you fire anyone, ask yourself three questions:
- When did someone at the firm last tell me something I didn’t already know? If the answer is “over three months ago,” that’s a problem.
- Have they filed a lawsuit, or are we still “negotiating”? In Michigan, you have 3 years from the date of the crash to file. If your lawyer is running out that clock in “negotiations,” they may be running out your case.
- When I ask what’s next, do I get a date — or a feeling? “We’re waiting on the insurance company” is not an answer. A real answer sounds like: “The demand went out February 14th, they have 30 days to respond, we’ll file suit by May 1st if they don’t.”
If two of those answers make you uneasy, keep reading.
What the first 48 hours look like
Once you decide to switch, here’s what actually happens:
Hour 1 — Line up the replacement first. Do not fire your current lawyer until you have a new one ready to take the case. Why? Because the moment you’re unrepresented, insurance adjusters get to call you directly again. That’s the last thing you want.
Hour 2 — The new firm sends the file request. Your new lawyer writes a letter to your current lawyer saying: “I’m taking over. Please send the file.” This is standard. Lawyers do it to each other every week. It is not personal.
Hour 24 — The termination letter goes out. Certified mail and email, from the new firm or from you directly. Three short paragraphs: you’re terminating representation, you’re requesting your file under MRPC 1.16(d), you’re directing all future communication through your new counsel.
Hour 48 — The old firm calls to “save the relationship.” They will. Some will be kind about it. Some will be pushy. You don’t have to take the call. Your new lawyer handles all of it from here.
That’s it. No courtroom. No judge. No drama. A file moves from one firm to another, and your case keeps moving.
Why most people wait too long
Clients stay with bad lawyers for three reasons, and none of them hold up.
“I don’t want to start over.” You’re not starting over. Your medical records, crash reports, photos, prior correspondence with the insurance company — all of it transfers to your new lawyer. They’re stepping in where your old lawyer left off, not beginning from scratch.
“What if firing them ruins my case?” In almost every situation, the opposite is true. Cases that sit in drawers die from statute-of-limitations problems, from evidence going stale, from witnesses disappearing. A lawyer who’s ignoring you is already ruining your case — firing them is what rescues it.
“I can’t afford to pay two lawyers.” You won’t. Michigan follows a doctrine called quantum meruit that splits the one contingency fee between the old and new firms based on who did what work. The math gets sorted out at settlement — by the lawyers, not by you, and not out of additional money from your pocket. We break this down in detail in our post on fees and liens.
The quiet math nobody explains
Here is the thing your current firm is counting on you not knowing: the settlement hasn’t happened yet. That means the 33% contingency hasn’t been earned yet. That means when you switch, there is one pie to split — not two.
The old firm gets paid for the work they actually did (often much less than a third, because in a lot of “dormant” cases they didn’t do much). The new firm gets paid for the work they do to close it out. You get the same net recovery you were going to get — but with someone who actually returns your calls.
How to know when it’s time
You don’t need a smoking gun. You don’t need evidence of ethical violations. You just need the answer to one question:
Is the person who took your case six months ago still worth your trust today?
If the answer is no, the answer is no. Michigan law doesn’t make you justify that to anyone.
Fire My Lawyer is a free, confidential second-opinion service for Michigan injury clients. Founder Tim Attalla has practiced Michigan law since 1988. If your case isn’t moving, we’ll tell you — straight — whether switching makes sense.