Yes - and getting this wrong can cost money twice, because the old lawyer may still claim part of the fee or file a lien on the case.

What should have happened first: if your employee was hurt on the job in Appleton, the claim should have started through your workers' compensation insurer right away, with the injury reported to the employer and carrier promptly. In Wisconsin, most work injuries go through workers' comp, and that usually blocks a direct lawsuit against the employer. If the injury involved a third party - for example, a delivery crash on I-41 during fall deer season or a machine made by another company - a separate injury case may also exist.

What to do now: your employee can fire a lawyer at any point, but it should be done in writing. The letter should say representation ends immediately and request the full file, itemized costs, and notice of any claimed fee interest. If the case is a Wisconsin workers' comp matter, attorney fees are not a free-for-all; they are generally subject to Department of Workforce Development, Worker's Compensation Division approval and are often tied to the disputed amount recovered, commonly up to 20%.

Watch for red flags before replacing counsel: pressure to settle before surgery results are known, no explanation of fee splits, no updates after an independent medical exam, or pushing a broad release that closes future treatment.

What comes next: the new lawyer usually notifies the insurer, the defense lawyer, and any court or agency handling the matter. The old and new lawyers may then divide a contingency fee between themselves; the client should not usually pay two full contingency fees. In a third-party injury case, Wisconsin generally has no cap on non-economic damages in most personal injury and auto cases, so switching away from a lawyer who undervalues a serious injury can matter a lot.