Q: I currently have a problem with a manufactured home I purchased. I have a lawyer and a case pending - they went to mediation last week.
My lawyer has not involved himself and missed the important issues in a deposition. The State of Michigan is involved as well. Can I fire this lawyer and retain a new one at this point? I was told we would be taking this to trial if I refuse the mediation settlement.
--Linda, MI
Attorney Cliff Horwitz:
When you do not have trust or confidence in your lawyer, you have a right to hire a new lawyer. The problem is you have to pay the new lawyer. You also have to pay your prior lawyer for the work he did. On a case like the one you described, it's an expensive proposition. You need to search for a good lawyer in that line of work. Its kind of like buying a new car or a new house, you need to investigate the different lawyers before you invest in one of them.
A bad investment in a lawyer can bring forth a bad result, as you have already experienced yourself. Many lawyers do not prepare very well and care more about their fee then their client. The lack of preparation you discussed is all too common and makes me sick! He doesn't get hurt by it, but you clearly do.
There are lawyers who do care about their clients and vigorously fight for their rights. The trick is finding them. I cannot point one out to you in Michigan.