Hiring the right personal injury lawyer is crucial, but what happens if you’re unhappy with your current attorney? Many clients wonder whether they can switch lawyers in the middle of a case. The good news is that you have the right to change attorneys at any time.
However, there are important factors to consider, such as potential delays, legal fees, and finding a suitable replacement. Understanding the process can help you make an informed decision without jeopardizing your claim.
In this article, we’ll explore when and how to change your personal injury lawyer and what impact it may have on your case.
If you are considering firing your personal injury lawyer, here is some relevant (and helpful) information to keep in mind:
As a client, you have the absolute right to fire your personal injury lawyer at any point during your case.
This right is derived from the concept of client autonomy which is fundamental to a attorney-client relationship and guaranteed by the ABA Model Rules of Professional Conduct R. 1.16 (2018) with similar rules contained in the states’ bar rules.
The attorney-client relationship is built on trust, communication, and confidence, and if you feel that your lawyer is not representing your best interests, you are not obligated to continue working with them.
Whether you are dissatisfied with their responsiveness, legal strategy, or overall handling of your case, you can choose to seek new representation.
Changing lawyers’ mid-case may feel like a big decision, but it is ultimately about ensuring you have the right advocate fighting for your compensation. Many people switch lawyers to find someone more experienced, proactive, or better suited to their needs.
If you decide to move forward with a new attorney, it is important to follow the proper steps to ensure a smooth transition and avoid any unnecessary complications in your legal proceedings.
Firing your personal injury lawyer mid-case may come with financial implications, depending on your agreement with them. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
However, if you switch lawyers, your previous attorney may have a right to compensation for the work they have already done. This could mean reimbursing them for case-related expenses or ensuring they receive a portion of the final settlement.
Some lawyers include clauses in their contracts outlining termination fees or lien rights on any future settlement. Before making a decision, review your contract carefully and discuss potential costs with your new lawyer.
In many cases, the new attorney can negotiate fee arrangements to minimize financial strain. While switching lawyers may be the right move for your case, understanding the potential costs will help you make an informed decision without unexpected financial setbacks.
Firing your personal injury lawyer mid-case can impact the progress of your claim, potentially causing delays.
When you switch attorneys, your new lawyer will need time to review all case documents, gather evidence, and understand the legal strategies previously used. This transition period may slow down negotiations or court proceedings, especially if deadlines are approaching.
Additionally, the opposing party or insurance company may view a change in representation as a sign of weakness or instability, potentially affecting settlement negotiations.
However, if your current lawyer is not handling your case effectively, switching to a more competent attorney can ultimately strengthen your position.
To minimize disruptions, ensure a smooth transition by obtaining all case files and communicating with both your old and new lawyer about the handover process.
While there may be short-term setbacks, switching to a better attorney can significantly improve your chances of achieving a favorable outcome in your case.
Before firing your current personal injury lawyer, it’s crucial to find a replacement first. Legal representation is essential in personal injury cases, and a gap between lawyers can leave your case vulnerable to missed deadlines or stalled negotiations.
If your case is in active litigation, missing key court filings or response deadlines can negatively impact your claim. And a new attorney will need time to review case files, understand your legal position, and develop a strategy moving forward.
Finding a qualified lawyer before making the switch ensures a seamless transition and prevents unnecessary delays. Additionally, some attorneys may hesitate to take on a case mid-stream, especially if they disagree with the manner it was initially handled.
By securing a new lawyer in advance, you can discuss their willingness to take over your case and how they will address any potential challenges. A smooth handover can help keep your claim on track without unnecessary setbacks.
If your personal injury case is already filed in court, you may need to notify the court when changing lawyers. In most cases, your attorney will need to file a formal motion to withdraw from the case, which the judge must approve before they are officially removed as your legal representative.
If you have already hired a new lawyer, they will typically file a “substitution of counsel” document to notify the court of the change.
In Gage v. Atwater, 136 Cal. 170, 68 P. 581 (Cal. 1902), after the defendant, Atwater, asked the court to authorize an order for the substitution of attorneys, the court affirmed that according to the Cal. Civ. Pro. Code § 284 a client has the power to change his attorney at any point during the action.
However, it is crucial to note that in some states court approval is mandatory before a change of attorney. In Haller v. Wallis, 89 Wn. 2d 539, 89 Wash. 2d 539, 573 P.2d 1302 (Wash. 1978) , the Supreme Court of Washington held that no change of attorney or record can be made without court approval.
Failing to properly notify the court can lead to delays or procedural issues in your case. If your case is in the middle of litigation, missing deadlines due to a lawyer transition could hurt your claim. Your new attorney can help ensure that all necessary paperwork is filed correctly and on time.
If your former lawyer refuses to withdraw or there are disputes over fees, the court may intervene to resolve these issues before the transition is finalized.
When firing your personal injury lawyer mid-case, providing formal written notification is crucial. Even if you have already informed your attorney verbally, a termination letter serves as an official record of your decision.
This letter should clearly state that you are ending the attorney-client relationship, request your case file with all the necessary original documents, and outline any outstanding matters that need resolution. A written record helps prevent misunderstandings, disputes over fees, or claims of miscommunication.
Additionally, opposing counsel must be notified of the change. This requirement is usually contained in state law or district court rules depending on the jurisdiction.
For instance, in New York, the Office of Administrative Trials and Hearings Rules of Practice § 1-12 requires that notice of substitution of counsel must be served and filed with the office and opposing counsel. Your new lawyer will typically handle this notification, ensuring that all parties are aware of the transition.
Failing to formally notify both your previous lawyer and opposing counsel could cause unnecessary delays in your case, making it essential to follow proper procedures for a smooth transition.
When firing your personal injury lawyer mid-case, it's important to consider legal ethics and professionalism on both sides.
Lawyers are bound by ethical rules that require them to act in their client’s best interests, maintain confidentiality, and handle case transitions professionally. Even if you are dissatisfied, your attorney should not retaliate, withhold documents, or act unprofessionally when being replaced.
At the same time, clients also have ethical responsibilities. You should not fire your lawyer simply to delay the case, manipulate the legal process, or avoid paying legal fees.
Courts frown upon clients who switch lawyers frequently as a stalling tactic, and doing so could hurt your credibility. If you have valid concerns about your attorney’s performance, ensure that your reasons are legitimate and in the best interest of your case.
Approaching this decision with professionalism and integrity will help maintain the strength of your claim and ensure a smoother legal transition.
Once you've decided to change your personal injury lawyer, finding the right replacement is critical to keeping your case on track. You’ll want to look for an attorney with experience in personal injury law, a strong track record of success, and a reputation for good communication.
When meeting with potential lawyers, be prepared to discuss why you’re making a switch. A new attorney will want to understand what went wrong with your previous representation and assess whether they can take over your case effectively.
Be honest but professional—focus on what you need moving forward rather than dwelling on past frustrations.
Additionally, confirm that the new lawyer is willing to work within your case’s current stage. Some attorneys may be hesitant to take on a case that’s already in progress, so clear communication about expectations, fees, and strategy is essential.
At The Accident Helpers, we understand how stressful it can be to switch lawyers in the middle of your personal injury case. The last thing you need is the added burden of searching for a reliable attorney while also dealing with medical bills, lost wages, and insurance negotiations.
That’s where we come in.
Our service makes the process quick and seamless by providing you with vetted and trusted attorneys who are ready to step in and take over your case.
Instead of spending hours researching and interviewing lawyers on your own, we do the heavy lifting for you—connecting you with experienced professionals who specialize in personal injury law and understand the urgency of your situation.
We take the guesswork out of finding the right lawyer, so you can focus on what truly matters: your recovery and your case outcome. And the best part is, we do it all for free!