Can I Switch Personal Injury Lawyers Mid-Case?

You can switch personal injury lawyers mid-case, but you should consider the practical impacts before switching. You generally won’t have to pay more to change attorneys because your new attorney negotiates a fee split with your old attorney. Your new attorney can handle the substitution-of-counsel filing and obtain all the relevant case file records from your old attorney.

If you are close to a settlement or trial, changing attorneys can delay your settlement agreement or jury trial. Take the time to interview and consult with more than one attorney before deciding who to hire so you make the right decision the first time. Contact a local personal injury attorney to find the right attorney to handle your case.

You Have the Right To Choose Your Attorney

You have the right to choose your own attorney to represent you in a civil case. You can talk to several attorneys and choose the best one to handle your case. If you don’t like your attorney, you can fire them or change lawyers.

Unlike in criminal cases, you do not have the right to an attorney if you cannot afford one. Under the American legal system, each side pays its own legal fees and costs. However, many civil lawsuits involve damage awards, including slip-and-fall, medical malpractice, car accident, and personal injury cases.

In these cases, attorneys generally work on a contingency fee agreement and take payment only after you recover compensation.

You can change attorneys at almost any time during your case, and you should talk to another attorney about switching counsel to maximize your compensation. A new attorney can explain the process to switch personal injury lawyers mid-case.

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When Should You Switch Lawyers?

If you’re considering changing counsel after starting your personal injury claim, it is generally better to do it earlier rather than later. There are many reasons why someone would want to change lawyers, including:

• Poor communication
• Lack of confidence in your attorney’s experience
• Possible conflicts of interest
• Unexpected attorney fees and costs
• Your attorney pressures you to take a lowball settlement offer when you don’t want to
• Your attorney misses important court deadlines
• Your attorney misrepresented their services when you hired them

Some issues people may have with their lawyer are based on different expectations and communication styles. However, more serious issues, like missing filing deadlines or conflicts of interest, may violate an attorney’s legal and ethical duties to their client.

You can always consult a new attorney before deciding whether to switch, so you can learn about the benefits and drawbacks of changing lawyers. Get more information before deciding whether to fire your attorney or stick with them until you resolve your case.

How Do You Change Lawyers During a Case?

The process for changing your attorney during a case can vary by state and court rules. Your new attorney can handle the paperwork, including contacting your previous attorney to discuss releasing your case files.

Generally, you must submit a substitution-of-counsel form containing information about your prior attorney and your new attorney. The forms generally require signatures from you, your prior attorney, and your new attorney. You must serve the substitution of counsel on the other parties in the case to notify them of your change in counsel.

File the form with the court to officially have new representation. If any party objects to the substitution of counsel, the court will hear from all parties and decide the outcome. In most situations, the court will approve your substitution.

Will Changing Lawyers Affect Your Case?

Changing legal representation can affect your case, depending on the individual situation and when you change lawyers. Generally, changing earlier rather than later will have the least effect on your case. The further your case progresses into settlement negotiations and trial preparation, the greater the impact it may have.

Changing your lawyer when you are close to settlement or trial could cause delays. It takes time for your new attorney to get up to speed on your case and speak with the parties involved. If your case is headed to trial, your attorney may not have enough time to prepare, which can make things more difficult.

Talk to your prospective attorney about your case’s progress and timing to understand how changing legal counsel could affect your case.

Do You Have To Pay Lawyers When Switching?

Your old attorney will expect compensation for the work they performed, but changing lawyers should not change how much you recover in a personal injury lawsuit.

Most personal injury lawyers work on a contingency fee agreement. This means your attorney charges no upfront fees. The attorney collects a percentage of your award as compensation. With a contingency fee structure, your lawyer subtracts the legal costs of preparing the case and takes a percentage of the settlement or jury award as payment.

When you switch personal injury lawyers, you generally will not have to pay your previous attorney anything to change. However, under quantum meruit, they will want compensation for the time and expenses they incurred preparing your case up to that point. Generally, your new and old attorneys will negotiate a fee arrangement to share the contingency fee based on the work performed.

If you are concerned about how the contingency fee works when you change attorneys, talk to your new attorney to make sure you will still get the same compensation after switching.

Questions To Ask Your Attorney Before Signing

Ask important questions before you agree to legal representation. If you didn’t ask these questions when hiring your first attorney, ask them during your initial consultation with a new attorney. This will help you make sure you have the right attorney the first time and don’t need to switch because of an unexpected problem.

Some questions you may want to ask your attorney during your consultation include:

• Who will primarily handle my case? Will it be you, or will you pass the case off to newer associates?
• What is your experience in this type of case? Do you have trial experience or just settlement experience? What is your track record of success?
• Are you familiar with the judge and court rules where my case is filed? Are you familiar with the defendant’s insurance company and their approach to cases like mine?
• What is your fee basis, and what legal costs will be deducted from the settlement award before you take a contingency payment?
• How will you communicate case updates, and how can I contact you with questions about the case?
• What is your reputation in the legal community, and do you have any disciplinary actions with the state bar association?

Ask questions about what matters most in your case. Finding the right legal team can help you feel like you are in good hands, and your attorney will act in your best interests throughout the legal process. Contact a local personal injury attorney if you think it’s time to change your lawyer.