Can You Fire Your Michigan Injury Lawyer? Yes. Here's How

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 fire your personal injury lawyer and fix that.

Do you need a reason to fire your lawyer in Michigan?

No. A Michigan client can discharge a lawyer at any time, with or without cause. The official comment to Michigan Rule of Professional Conduct 1.16 says exactly that, and Michigan courts call it the client’s “absolute right to discharge” an attorney (see Reynolds v Polen, 222 Mich App 20 (1997)).

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. Once you discharge a lawyer, MRPC 1.16(a)(3) says they must withdraw. The rule exists because the attorney-client relationship depends on trust, and once trust is gone, the client gets to leave.

Your lawyer knows this rule. They just don’t advertise it.

Does your contingency agreement lock you in?

No. It sets the fee. It does not take away your right to leave.

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. The agreement cannot override your 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. When a contingency lawyer is fired, Michigan courts pay them in quantum meruit, the reasonable value of the work they actually did, rather than the full contract fee. More on that below.

What are the warning signs? The 60-second reality check

You don’t need a smoking gun. Before you fire anyone, ask yourself three questions:

1. 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. Michigan lawyers must keep you reasonably informed and promptly tell you about every settlement offer (MRPC 1.4(a)). If silence is your main complaint, read when “my lawyer won’t call me back” becomes a red flag.
2. Have they filed a lawsuit, or are we still “negotiating”? In Michigan, most injury lawsuits must be filed within 3 years of the crash (MCL 600.5805(2)). No-fault PIP benefits run on a much shorter clock: a 1-year notice deadline and a rule that you can only recover losses from the year before you sue (MCL 500.3145). If your lawyer is running out those clocks in “negotiations,” they may be running out your case.
3. 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.”

Not every quiet stretch is a problem, and why Michigan injury cases take so long explains which delays are normal. If two of those answers make you uneasy, keep reading.

What happens in the first 48 hours after you switch?

A file moves from one firm to another, and your case keeps going. No courtroom drama.

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 (see do I have to talk to the adjuster?).

Hour 2: The new firm sends the file request. Your new lawyer writes to your current lawyer: “I’m taking over. Please send the file.” This is standard. Lawyers do it 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), and you’re directing all future communication through your new counsel. We have a template for the letter that fires your lawyer.

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 it from here.

If a lawsuit is already on file, the court also has to approve the substitution of counsel (MCR 2.117(C)(2)). That’s routine paperwork, and your new lawyer files it.

Why do most people wait too long?

Usually because of three fears, and none of them hold up.

“I don’t want to start over.” You’re not starting over. Your medical records, crash reports, photos and prior correspondence with the insurance company all transfer to your new lawyer. MRPC 1.16(d) requires the old firm to surrender the papers and property you’re entitled to.

“What if firing them ruins my case?” Usually the bigger danger is staying put. Cases that sit in drawers die from missed deadlines, stale evidence and witnesses who disappear. A lawyer who’s ignoring you is already putting your case at risk.

“I can’t afford to pay two lawyers.” You won’t. In Michigan injury and no-fault cases, MCR 8.121 caps the contingency fee at one-third of the net recovery. That cap covers “receipt, retention, or sharing” of the fee, so two firms split one fee. The lawyers sort out the split at settlement, and none of it comes as extra money from your pocket. We break it down in will firing my lawyer cost me?

Who gets paid when you switch mid-case?

Both firms, from one fee. Here is the thing your current firm is counting on you not knowing: the settlement hasn’t happened yet. The contingency fee hasn’t been earned yet. So when you switch, there is one fee to divide.

The old firm gets the reasonable value of the work they actually did, which in a “dormant” case may be modest. The new firm gets paid for the work it does to finish the case. If the firms can’t agree, the disputed portion stays in a trust account until it’s resolved (MRPC 1.15), and your undisputed share should be paid to you.

How do you know when it’s time?

When you no longer trust the person handling your case. You don’t need evidence of ethical violations. You just need the answer to one question:

Is the person who took your case 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. If you’re unsure whether it’s “too late” in your case, read I didn’t know I could fire my lawyer. Or get a free second opinion on your case before you decide.

This article is general information about Michigan law, not legal advice for your specific case.