Can I fire my attorney and accept the prosecuter’s offer without him?

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Can I fire my attorney and accept the prosecuter’s offer without him?

Arrested for DUI then hired my attorney. After giving him 1/2 the fee he tells me I don’t have a good case and should just take the offer. I asked if he would give me a reduction of the retainer fee and he said it was against the law. Is that true?

Asked on August 29, 2010 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You can fire your attorney at any time.  That is your right.  But make sure that you do so in writing or on the record of the court (in other words, in front of the judge).  I think that this is a case taken on retainer, correct?  Then you are entitled to an accounting of the time spent, which will let you know how much is left on the retainer. As for a reduction in the retainer amount, the amount that he charges you for your case is between you and your attorney. I fail to see how that would be "against the law" if you negotiated his fee.  He could even do it for free if he wanted.  But be careful as to your case.  That is what really matters here.  Get another opinion. 


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