Can You Switch Lawyers During a Personal Injury Case?

Yes, you have the right to switch lawyers during a personal injury case if you are not happy with the job they are doing. However, it is important to understand the benefits and possible risks of doing so. If possible, you will want to avoid needing to switch lawyers by choosing the right Long Island personal injury lawyer for your case right from the start.

Why Might You Want to Switch Lawyers in the Middle of Your Case?

You can change your car accident lawyer for any reason, especially if you notice red flags like the following that give you cause for concern:

• Your lawyer is slow to answer your calls or never answers them at all.
• You are unable to get a hold of your attorney directly and are constantly having to go through intermediaries, like case managers.
• Your lawyer pressures you to accept a particular outcome or take your case in a direction you are not comfortable with.
• Your lawyer is secretive about what they are doing or how your case is going.
• Your lawyer seems to make a lot of mistakes, like missing deadlines or filing the wrong paperwork.
• Your case is not going as you expected based on what they told you at the beginning.

This case is crucial to your family’s future. You want a lawyer who is willing to work closely and openly with you and to keep your goals at the top of mind as they plan and implement their legal strategy. If your legal team is not doing this, it might be time to consider switching attorneys.

For a free legal consultation, call (516) 932-0400

How Do You Change Lawyers in the Middle of a Case?

Check the contract your lawyer gave you to sign, generally referred to as the “Retainer Agreement.”  It may include a clause about how and under what circumstances you can terminate the agreement. Even if the Retainer Agreement does not specifically address termination of services, if you have made the firm decision to switch lawyers, you are able to do so.  Simply have your “incoming” lawyer contact your “outgoing” lawyer, and the incoming lawyer should be able to communicate the substitution and handle the necessary paperwork and transfer of the case file on your behalf. Your lawyer might try to persuade you to stay with their firm, but they should not resort to harassment or similar tactics to get you to stay. If you have any trouble with your former law firm, your current representative should be able to address all the relevant issues, including instructing the outgoing lawyer to stop communicating with you immediately.   In fact, your new attorney ought to be able to handle a substitution such that you need never speak with your old attorney again.

What are the Pros and Cons of Switching Lawyers?

The main drawback of switching attorneys is that your new legal representative is not familiar with your case and will have to work quickly to catch up to where your previous lawyer left off. They will also have to formally notify others involved in the case that they are your new lawyer. The further along your case is in the litigation process and the more complex your case is (e.g., many parties, complicated liability issues, etc.), the more involved these tasks could become. While this extra work may cause some amount of delay in the progress of the case,  it might be well worth it if you are dissatisfied with your attorney’s performance. If your new representative is more communicative and involved than your previous one, taking the time to change lawyers will likely be well worth the effort. Further, if your new attorney is knowledgeable, experienced, and dedicated, these issues can often be addressed promptly, perhaps even more quickly than it would have taken for your old attorney to get around to whatever the next step is to advance your case. When considering whether to switch lawyers, most people want to know how this will affect the legal fees and expenses.  Typically, the old lawyer and the new lawyer will share the legal fee the client initially agreed to, at the end of the case, based upon the work that each firm performed to achieve the final result. Either the lawyers will agree to a fee division, or they will ask a court to decide how much each firm should be paid.  The good news is that it will not cost the client more than what the client agreed to pay the original lawyer, and the client still will have no out-of-pocket expense. The outgoing lawyer generally will have a right to receive reimbursement of expenses that were advanced at the time of substitution, and generally, the new law firm will advance these and wait until the conclusion of the case for these expenses to be paid from the recovery.What all this means is that there should be no financial cost to the client in making an attorney substitution. The key is to make the switch as soon as possible. You might be tempted to give your lawyer more time to see if they turn things around, and a certain amount of patience might be justifiable. The longer you wait, however, the harder it may be to ultimately change representatives. Among other reasons, the further the first lawyer has taken the case, the more of the ultimate fee their firm may be entitled to, and this can reach a point where the proposed new law firm considers it economically imprudent to take on the case at that late stage.  It is best to act promptly when you feel something is not right.

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What is at Stake in a Personal Injury Case?

If you are filing a personal injury claim or lawsuit, it is because you were seriously injured due to someone else’s negligence and need financial compensation to support your recovery. Your ability to receive reimbursement for such critical losses as medical expenses, reduced income, and pain and suffering hinges on your ability to win this case. With so much at stake, you do not want to leave your future in the hands of an attorney who shows little interest in your needs or in keeping you informed about your own case.

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How Could You Avoid Needing to Switch Lawyers Mid-Case?

It is easier to hire the right lawyer the first time than to go through the stress of realizing that you have to hire someone else. While there is no way to guarantee that you and your lawyer will end up working well together, there are steps you should take to quickly identify any obvious incompatibilities:

• Get free consultations from multiple firms. This will give you a general sense of your rights and options.
• Meet with multiple firms to compare their legal approaches and communication styles.
• Ask questions about their past experience with your specific case type, how they might approach your case, and what they will need from you.
• Be honest about your goals and about how the accident happened. This allows each law firm to more accurately assess your situation and start figuring out how to support you.

Just because a lawyer is competent and experienced does not necessarily mean they are right for your case specifically. When speaking to a prospective lawyer, be sure to consider your own personal feelings about the interaction. Do they seem friendly and forthcoming? Would you feel comfortable working with this firm for however long it takes to resolve your case? Choosing the right attorney is a difficult task, and realizing that your lawyer is not up to the job is frustrating and demoralizing. Do not give up hope. It is not too late to find the representative who will get your case across the finish line.

Our Personal Injury Attorneys Will Fight Hard All Throughout Your Case

While you can switch lawyers during a personal injury case, it is much easier to hire an aggressive yet compassionate lawyer with your best interests in mind at the very start of your legal action. Wherever you are in the process, we invite you to call our legal team today to find out how we serve accident victims like you. Friedman & Simon, L.L.P., wants to guide you through the legal process with as few complications and as much success as possible.

Call or text (516) 932-0400 or complete a Free Case Evaluation form