The client has an absolute right to discharge an attorney at any time for any reason or no reason. The discharged attorney must promptly withdraw, release the file materials and cooperate with new attorney. However, the client does not have the right to cancel the percentage fee contract signed with the first attorney unless there is "good cause" to discharge that attorney. Without good cause to discharge, the first attorney will be able to enforce the fee contract by asserting a lien against the client's claim and intervening in the lawsuit.

Good cause will depend on the facts relating to the attorney's handling of the case. For example, inability to persuade the insurance company to pay a fair settlement is usually not good cause. On the other hand conflict of interests, acceptance of a case known to be beyond the attorney's competence to litigate, repeated failure to return telephone calls or meet with the client, turning the case over to a less qualified attorney without the client's permission, and unwillingness to prepare the case for trial or go to trial are some of the factors that can add up to good cause.

In smaller cases it is wise to continue with the attorney first hired despite some degree of dissatisfaction. DO NOT discharge your first attorney unless you are sure that you will be able to find another attorney to take over your case.

If the case involves major injuries or death, and if the attorney's actions have caused genuine concern that the case is not being effectively prosecuted, you might want to contact another lawyer for a second opinion. You need not ask permission or even inform your current lawyer. Chances are the second lawyer will reassure you that your case is being competently handled and recommend that you stay with the attorney you have.

In those rare cases where it appears that you do have good cause to discharge your first attorney and if the case involves major damages, you may want to exercise your right to change attorneys. Sometimes the first attorney is glad to be relieved of the responsibility for your case and will release you from the fee contract. In many cases the previous lawyer and new lawyer agree to share the attorneys fee between them. However, be aware of the risk that your will end up with two lawsuits, one against the defendant in the main case and the other against the first attorney. It will be more difficult to accomplish an amicable change of counsel if the first attorney has devoted a great deal of time and expense to the case or has obtained a somewhat reasonable settlement offer from the insurance company.