Sometimes, your relationship with your personal injury attorney may not be working. Whether you are not getting along with them personally or do not believe that your personal injury attorney is diligently handling your case, there are instances where you need to make a change.
Your personal injury attorney represents you because you signed an agreement that makes them your lawyer. You are not locked into that agreement for your entire care if you no longer want the lawyer to represent you. Under most circumstances, you are free to change personal injury attorneys. However, there are times when it may not be advisable or allowed by the court.
For example, suppose you have an active personal injury lawsuit. In that case, the judge is the ultimate arbiter of whether you can change attorneys (assuming you have a new attorney willing to represent you).
It is your job to contact a new potential lawyer if your current situation is not working. A personal injury attorney cannot solicit you if another lawyer currently represents you because you cannot have two attorneys at once. You must end the engagement with your prior attorney before you can get legal help from the new one. If you believe you need to switch lawyers, contact one to discuss potential representation. However, they may have limits in what they can tell you when another personal injury lawyer currently represents you.
What Are Signs You May Need to Change Lawyers in a Personal Injury Case?
Recognizing the signs that you may need to switch lawyers during your personal injury case is essential to protect your rights and ensure a legal professional handles your claim correctly. One of the most common red flags is poor communication. If your lawyer consistently fails to return calls or emails, does not provide case updates, or leaves you confused about the process, it may be time to consider new representation.
Another sign is a lack of progress in your case. While personal injury cases can take time, an unexplained delay or inactivity—especially after you have provided necessary documents or completed medical treatment—may indicate that your attorney is not prioritizing your case.
You should also be concerned if your lawyer appears disorganized or unprepared, misses deadlines, or lacks knowledge about key aspects of your claim. These issues can harm your case’s outcome.
Conflicts of interest, unprofessional behavior, or unethical conduct—such as urging you to accept a low settlement without proper explanation—are serious warning signs. Your lawyer should always act in your best interest and be transparent about your options and risks. You should consider switching legal representation if you do not believe your personal injury attorney has your best interests at heart.
Finally, loss of trust is a significant factor. If you no longer feel confident in your attorney’s ability to represent you effectively, it may be best to seek new counsel. Peace of mind means so much in a personal injury case. If you do not have it, you may not want to trust your financial future in the hands of your prior personal injury attorney.
Your personal injury case is too important to leave in the wrong hands. If you notice any of these signs, consult with another qualified attorney for a second opinion and explore your options for switching representation.
Do I Have the Ability to Change Lawyers During a Personal Injury Case?
Yes, you have the right to change lawyers at any time during your personal injury case. Whether you are unhappy with the communication, dissatisfied with the strategy, or feel your attorney is not handling your case correctly, you do not have to stay with the same attorney. Your personal injury claim is your legal matter, and you deserve representation that aligns with your needs and goals.
Changing lawyers does not mean starting over from the beginning of your case. Your new personal injury attorney can step in, review your case file, and take over communications with the insurance company, opposing counsel, and even the court. In most cases, your former lawyer and your new lawyer will work out how to divide any attorney’s fees without affecting your recovery. This arrangement is especially true in contingency fee arrangements, where you pay fees only if you win your case.
However, timing matters. Switching lawyers may create delays if your case is close to trial or a settlement. That is why consulting with a new attorney first is essential to ensure a smooth transition.
Ultimately, your lawyer should be someone you trust to advocate for your best interests. If that trust is gone, it is within your rights to make a change. A knowledgeable and responsive personal injury lawyer can make a significant difference in the outcome of your case.
When Can I Not Change Attorneys in a Personal Injury Case?
While you generally have the right to change lawyers at any time during a personal injury case, there are a few situations where doing so may be limited or more complicated. One key restriction occurs when your case is very close to trial. Courts may deny a change in counsel if switching attorneys will cause significant delays, disrupt court schedules, or prejudice the other party. Judges prioritize the efficient administration of justice and may refuse to allow a substitution if it appears to be a tactic to delay proceedings.
Another instance where changing lawyers can be difficult is if your case involves multiple attorneys. This situation can create confusion, and courts may view repeated changes as disruptive or unreasonable.
You may also face challenges changing attorneys if you cannot find a new lawyer willing to take your case, especially if it is complex or nearing completion. Most personal injury lawyers work on a contingency fee basis, and some may be reluctant to step in late in the process without fully understanding the prior attorney’s work.
Lastly, if you have already signed a settlement agreement, it may be too late to change lawyers unless there’s an issue of misconduct or malpractice. Here, you already have the final outcome to your case.
While it is your right to seek the best representation, changing lawyers late can introduce complications. Always consult with a new attorney before terminating your current attorney for a smooth transition, so as not to jeopardize your case.
How Do Lawyers Divide When You Switch Attorneys During a Personal Injury Case?
When you switch lawyers during a personal injury case, your former and new attorneys may have the right to a portion of the contingency fee. However, this division does not increase the total percentage you pay. Instead, you split the original agreed-upon contingency fee—typically around 33 percent to 40 percent of your recovery—between the lawyers depending on their respective contributions to the case.
Usually, an agreement between the two attorneys will handle the division. Your former lawyer may assert a lien on the case to recover fees for their work before you switched. This arrangement is a “quantum meruit” claim, meaning they received compensation for the reasonable value of their services. Your new lawyer will typically negotiate this amount and ensure the old lawyer receives funds from the final settlement or verdict.
As the client, you are not responsible for paying two separate fees. The split occurs behind the scenes, and the attorneys work out how to divide the fee without impacting your share of the recovery. If the lawyers cannot agree, a court may intervene to determine a fair division.
To avoid surprises, your new attorney should explain how they will divide the fee and whether any prior attorney has filed a lien. This process is routine in the legal field and should not discourage you from changing lawyers if you feel your current representation is inadequate. With the right legal team in place, you can move forward with confidence and focus on your recovery.
How to Change Personal Injury Attorneys in the Middle of a Case
Changing lawyers in the middle of your personal injury case is a straightforward process, but you should handle it carefully to avoid disrupting your claim. First, consult a new personal injury attorney before terminating your current lawyer. The new attorney can review your case, assess any challenges related to the switch, and often assist with the transition.
Once you have secured new representation, you must sign a substitution of attorney form. This document notifies the court, insurance companies, and all involved parties that you have changed lawyers. Your new attorney will usually file this form and inform your former lawyer.
You should also formally end the relationship with your current lawyer in writing. This letter should be professional and direct, requesting they transfer your case file to your new attorney.
The lawyers will typically handle any fees you owe to your original attorney. If you are working under a contingency fee agreement, both attorneys will negotiate how to split the final cost depending on the work each performed.
Does My Old Personal Injury Lawyer Have to Cooperate with My New Attorney?
Yes, your old personal injury lawyer has a legal and ethical obligation to cooperate with your new attorney during the transition. Once you formally end the attorney-client relationship and sign a substitution of attorney form, your former lawyer must promptly transfer your case file, including all documents, evidence, and communications related to your claim.
This cooperation ensures that your new lawyer can pick up where the previous one left off without unnecessary delays or complications. The former attorney must also provide information about any liens or agreements related to legal fees, especially if you are handling the case on a contingency basis. Typically, both lawyers will negotiate how to split the fee based on the work each contributed to your case.
Your former lawyer cannot withhold your file or delay the transition out of frustration or disagreement. If they do, your new attorney can file a motion with the court to compel cooperation. The State Bar’s rules of professional conduct require attorneys to act in the client’s best interest, even after the relationship ends.
In short, while switching lawyers may seem overwhelming, it is routine and manageable, primarily when both attorneys act professionally. Your new lawyer will help ensure the transition is as smooth and efficient as possible.
Can Changing Personal Injury Lawyers Affect the Outcome of My Case?
Changing lawyers during a personal injury case can affect the outcome, but whether that impact is positive or negative depends on the circumstances and how your lawyers manage the transition. If your current attorney is unresponsive, inexperienced, or mishandling your case, switching to a more capable lawyer can significantly improve your chances of a successful outcome. A skilled attorney may uncover new legal strategies, better negotiate with insurers, or more effectively prepare your case for trial.
However, timing and communication are critical. Changing lawyers late in the process—especially close to trial—may cause delays or require time for the new attorney to get up to speed. This delay may temporarily stall progress or complicate court scheduling. Choosing a new lawyer willing to step in quickly and handle the case efficiently is essential to minimize disruption.
Sometimes, you may not have much chance of winning if you do not change personal injury attorneys because your current lawyer may not be up to the task. Then, you may have no choice but to switch personal injury lawyers because you may either not win your case at all, or end up with far less money because you do not have an attorney who can go toe-to-toe with the insurance company.
Make the Switch, A Better Suited Personal Injury Attorney
is Standing By
Switching lawyers mid-case can seem daunting, but it is a decision that may ultimately benefit your case. Making the transition as smooth as possible is vital to minimizing disruptions in your legal proceedings. Properly researching and vetting potential new attorneys to ensure they are the right fit for your needs is key. Remember, it is your legal right to choose the lawyer that best represents you, so do not hesitate to make a change if necessary.
