Accidents are very common and if anyone is injured or died in an accident hiring a Knoxville wrongful death attorney is very important. A client generally has the right to dismiss an attorney at any time for any reason. Difficulty may arise with respect to how much of the fee, if any, has been earned at the time of the discharge. The rule is easy to state but difficult to apply: the attorney is entitled to be paid the reasonable value of work done before discharge. In a contingent fee case, the attorney is entitled to be paid the agreed amount or proportionate share only if and when a recovery is obtained.

If the client is unable to pay all fees the attorney has earned up to the time of discharge, a serious conflict may arise. The attorney demands payment and the client demands return of all documents (the file) connected with the case. The attorney pressures the client for payment of accrued fees by refusing to release the file. In the absence of a statute giving the attorney the right to do so (called a statutory or common law retaining lien), such conduct is illegal and probably unethical. However, many states do authorize such a lien.

A client may have difficulty hiring a new Knoxville wrongful death attorney for the case if one or more attorneys have been fired or have withdrawn. An attorney considering whether to accept such a case is usually suspicious of its merits and the clients emotional stability. As a general rule, an attorney can terminate representation of a client if there is a reasonable basis for the withdrawal. For example, the clients failure to pay the agreed fee is grounds for withdrawal. However, an attorney must give reasonable notice to the client of intention to withdraw, obtain court permission to withdraw if pleadings have been filed, return the clients papers, and refund any unearned fees. An attorney must withdraw from the employment when continued representation would require the attorney to violate a disciplinary rule. Other good reasons for withdrawal include failure of the attorneys health, materially affecting his ability to continue, or an awareness that a conflict of interest exists. It is important that one hire a reputed and certified lawyer from a reputed law firm. Make sure to do some research on the internet before hiring any lawyer for personal injury or accident cases.