Wisconsin is different than most other states in that it is very difficult to fire your lawyer and hire a new lawyer in a personal injury case. While a client has a right to fire their lawyer at any time for any reason, as a practical matter, in a personal injury case, it may be more difficult than the client originally expected to fire their attorney and find a second attorney.

In most states, if a client hires Lawyer A but later fires Lawyer A and hires Lawyer B, then Lawyer A gets an hourly rate for the time they spent on the case prior to their firing. Lawyer B is entitled to the amount of the contingent fee minus the amount paid to Lawyer A. IN WISCONSIN, THE OPPOSITE IS TRUE. Lawyer A gets the contingent fee, minus the time spent by Lawyer B in bringing the case to conclusion.  

What does all of this mean to contingent fee clients in Wisconsin? You will have a very difficult time finding a second lawyer to take your case if you have already hired and fired another lawyer. Therefore, it is essential that you hire the right lawyer from the beginning.

Unless the client can show that the first lawyer committed clear misconduct, the original contingent fee will be awarded to the first lawyer, minus an hourly rate to the second lawyer. In the real world, lawyers are very reluctant to take cases once a client has signed a retainer agreement with a different lawyer. It is essential that a client make an informed decision before hiring a lawyer in a personal injury case.

In addition to this publication, Attorney Rozek has also authored “A Consumer’s Guide: Choosing a Personal Injury Lawyer in Wisconsin” which can be ordered by calling a 24-hour toll free automated line at 800-809-7080 Ext. 123 or by clicking here.