Having the right personal injury lawyers can give you peace of mind and make your legal journey less stressful, helping you achieve the results you expect from your case. However, if you feel like you cannot trust the personal injuary attorney you initially contacted, you have the right to switch to a new personal injury attorney or law firm. While it's not common, if you're not happy with your current lawyer, changing lawyers could help you get the compensation and justice you're after.
My Injury Pros will advocate for you and support you throughout your entire legal process. Our personal injury lawyers and their expertise are ready to handle your case, even if you require new representation. We'll ensure a smooth transition from the moment you decide to contact us through our free consultation. If you are feeling pressured and your old firm is letting you down, we will be your new law firm.
In this blog, we're going to talk about when it might be a good idea to switch personal injury attorneys, the reasons why you should change it, how to do it, and find new legal representation for your case.
Can You Switch Personal Injury Lawyers?
Changing attorneys is a fundamental right that you have during civil proceedings, such as personal injury cases. This right allows you to switch attorneys at any stage, even in the middle of the case or the legislative process. Based on the principle that every person requires effective legal representation rooted in truth and confidence with the current attorney, any possible conflict that cannot be solved allows you to find a new personal injury lawyer.
Once you have decided to withdraw from your former attorney, you are required to follow specific steps to formalize your decision. It's crucial to ensure the correct paperwork is in place for the procedure and handed over to your new firm. Starting with notifying your current attorney about the decision, your new attorney can handle this communication, but you must hire them first before dropping the previous services. In most states, such as California, it is required to complete the paperwork and notify both legal firms to proceed with the switch, and then transfer the files to your new attorney to continue the case where it left off.
If your case has already reached litigation, the court's role is that the judge may dismiss the attorney switching if the litigation date is near or if there's a repetitive pattern of attorney changes during the trial. However, other cases that the court must decide involve a switch of personal injury attorneys, such as late-stage cases where the settlement agreement is already signed or the personal injury trial is close to final judgment.
Switching attorneys can lead to options for a better outcome in your case, especially if you are experiencing communication issues with your lawyer or are not fully prepared to face a complicated case. In situations like these, where you have lost confidence in your lawyer, switching personal injury attorneys is a solution that allows you to obtain the justice you are looking for.
Reasons for Changing Personal Injury Lawyers
Some main reasons that may be part of the decision to change your actual attorney involve different situations that make you lose trust in them. Once you start feeling misunderstood, the right choice is already in front of you. The legitimate reasons to switch personal injury attorneys usually are:
- Lack of communication or unresponsiveness, whether it is calls, emails, or even text messages, for extended periods.
- Loss of confidence or trust in your attorney's abilities or commitment.
- Insufficient experience or expertise in your specific type of case.
- Disagreements about case strategy when your concerns are dismissed.
- Poor courtroom performance or lack of preparation.
- Ethical violations or conflicts of interest.
- Excessive billing or fee disputes.
How to Switch Personal Injury Lawyers?
If you are ready to switch personal injury attorneys, how you should do it is crucial. Changing attorneys may seem like a simple task, but it requires a keen eye for details and adherence to state and court rules to ensure it is done correctly. Before you switch lawyers, you must consider specific points, such as reviewing your contract and the steps required to proceed with your case, and avoid delays.
Review Your Contract and Fee Agreement
It's necessary to take into consideration the contract of the previous attorney and the possible fee agreement you accepted when you hired them for their services. Most attorneys use contingency fees as their primary option for personal injury cases; in other words, the lawyer must win the case to obtain a percentage of the final settlement, typically ranging from 33% to 40%. Often, when you switch personal injury lawyers, both law firms split the fee arrangement you already signed. There are other split options, such as Quantum Meruit, which usually occur when an attorney is discharged without cause. In such cases, the attorney will only obtain compensation based on "as much as he deserves" for the work they did.
Steps to Officially Make the Change
Once you have decided to change lawyers, there are some steps to follow to complete the transfer successfully. Even if you think the procedure is going to be simple, it can stretch a little bit longer. For it to be done in due time, you will need to:
- Notify your current attorney: You must inform your actual personal injury lawyer about your decision to terminate their services. In most cases, your new attorney can handle this communication on your behalf.
- Hire the new attorney: It's vital to secure the replacement counsel before terminating the current agreement with your previous attorney. If you don't have a legal team you want to work with, use the free consultation options most law firms offer.
- File the required form: Depending on the state, you must fill out a form that includes the signatures of both parties, as well as your previous and new attorneys, to continue with the process. This form must be filed with the court and served on all parties.
- Transfer case files: Your previous attorney has the legal and ethical obligation to transfer all the information and records to the new lawyer; this way, your new personal injury lawyers can pick up the case exactly where it was left off.
Will Switching Lawyers Hurt My Case?
Switching attorneys during a case doesn't mean it will hurt your case, but it will include some situations, like potential delays and an adjustment period to continue with your case. It's essential to follow all the steps and to allow your new lawyer to handle most communication and arrangements with the previous attorney, so they can proceed from where the case left off. However, to minimize these potential delays, an early switch can be beneficial, ideally within 30 to 60 days of the litigation date.
Early switching can help avoid a lengthy period of understanding the case and reviewing all the essential information. A late switch won't directly harm your case, but it will require a period of review and preparation for the subsequent steps in litigation, which can be time-consuming. Selecting a personal injury lawyer is not an easy decision during a lawsuit. A skilled lawyer can significantly strengthen your case by leveraging their previous experience in similar cases, gaining a deeper understanding of complex issues, and efficiently presenting evidence and documents, leading to improved case performance.
What to Look for in Your New Lawyer
Before hiring a new lawyer, you should ask critical questions about their success rates, fees, and methodology for cases like yours. Additionally, you should research key points that most law firms display on their websites. Starting with proven experience in personal injury claims and how those cases went. You can search for some case studies and the final settlement and outcome; even better if the case is similar to yours.
Most lawyers offer strong communication throughout the legal process with regular updates, letting you know every step they take to support and strengthen your cases. To make you feel comfortable, you can look at client reviews on their website or read about previous clients' online experiences. Another key indicator to consider when selecting a new lawyer is their availability to take on your cases and their commitment to assisting you throughout the legal process. Finally, understanding the fee structure they typically work with and how they communicate it to you is a factor to consider when looking for a new attorney.
When You Should Stick With Your Current Lawyer
Not every situation requires you to switch lawyers. There are moments when it is best to stick with your current lawyer, especially when misunderstandings or certain circumstances arise that do not necessitate a change of lawyers. Situations where you must consider sticking with your current lawyer include:
- Minor miscommunications that can be resolved: Any possible communication problems, such as not understanding when the lawyer explains something, or when they can't reach you for investigations, or a lack of updates. A great lawyer will explain the situation again or update you, even when there's little progress.
- When your lawyer has a solid track record, but progress feels slow: Some cases may take time to move forward or stay on track due to specific circumstances. However, if your lawyer has an excellent success rate in cases like yours, there's no need to change lawyers.
- Cost-benefit of switching mid-case: Some changes can become a waste of money due to the more costly process involved during the middle stage. During this period, when motions are pending or have a deposition schedule, switching personal injury attorneys can be expensive and won't bring clear benefits to you and your case.
Finding the Proper Legal Representation
No matter which stage of your legal process you are in, if you don't feel comfortable with your lawyer, you have the right to seek more suitable representation. Working with the right lawyer can help you reduce the stress during this difficult time, and the support you are looking for to obtain a successful outcome will depend on your attorney relationship. If you are unhappy with your current attorney, evaluate the situation and your options to switch to a new one that will help you obtain the justice you deserve.
At My Injury Pros, our expert lawyers have your best interests in mind to support you and your case during the difficult times of changing attorneys. When your current attorney doesn't feel right, the best course of action is to contact us to help you achieve the compensation you are entitled to. Contact us today for a free consultation, and our expert attorneys will answer all the questions and explain to you the next steps you must follow to switch personal injury lawyers.
FAQ Section
There won't be a chance to doubt when you are thinking of switching personal injury lawyers for your case. That's why we want to address the most common concern about switching attorneys and answer these questions to help you make an informed decision.
How Do You Transfer a Case From One Lawyer to Another?
Once you decide to switch attorneys, there are clear steps to follow to transfer your case to the new lawyer. First, you must hire your new attorney and sign a retainer agreement with them. They will send a "stop work letter" to your current lawyer, formally notifying them of the termination. After that, both you and your attorneys must complete and file a Substitution of Attorney form with the court, which requires signatures from you, your former attorney, and your new attorney. Finally, your prior attorney is legally required to promptly turn over all case files, documents, correspondence, and evidence to your new attorney. This process typically takes one to three weeks, depending on the case's complexity and the level of cooperation between the attorneys.
How Much Does It Cost to Change Lawyers?
The cost will depend on your fee arrangement. In contingency fee cases, typically, you won't pay anything additional because your previous and new attorneys will set a split agreement upon a percentage fee between themselves based on work performed. Still, you will have the obligation to pay your previous attorney for the work they already completed if you hired them on an hourly or flat fee basis. Most attorney changes in personal injury cases involve no extra cost to you, as the total contingency fee percentage remains the same.
Do I Have to Pay Two Sets of Lawyer Fees if I Switch?
No, you do not pay double fees in contingency cases. Your previous and new attorneys divide the single contingency fee percentage, which ranges from 33% to 40%, between themselves based on the amount of work each lawyer or law firm performed. The legal system ensures clients are not financially penalized for exercising their right to change representation.
Will Switching Lawyers Delay My Case?
Switching lawyers may delay your case, typically ranging from one to two weeks for simple cases to four to eight weeks for more complex cases. These delays may occur because your new attorney needs time to review case files, research legal issues, and develop a new strategy. You can minimize delays by hiring new counsel before terminating your current attorney, ensuring complete file transfers, and timing the change so as not to be near or immediately before trial.
Can I Switch Lawyers if My Case Is Already in Court?
Yes, you can switch lawyers even after your case has gone to court, though timing matters significantly. Changes during early court proceedings, such as the discovery phase or pretrial motions, are straightforward and involve minimal delays. However, if your trial date is within 30 to 60 days, judges will scrutinize attorney changes more carefully because they may disrupt court schedules. During the late stages, you will need to file a formal substitution motion, and your new attorney may need to request a continuance to prepare adequately. While judges have discretion to deny last-minute changes, most courts accommodate substitutions if you present a legitimate reason and make the request promptly, rather than as a delay tactic.
