After months of dealing with the aftermath of a car accident, Jane Doe felt more stressed than ever. Her injuries were slowly healing, but the legal process seemed to be dragging on endlessly. Every time she called her injury lawyer, she either got no response or vague updates that left her with more questions than answers. Frustrated and overwhelmed, Jane began to wonder: Can I switch injury lawyers?
If you find yourself in a situation like Jane’s, you’re not alone. Navigating the legal landscape after an injury can be complicated, and sometimes the lawyer you initially chose isn’t the right fit for your needs. You might be surprised to learn that changing injury lawyers is acceptable and relatively common. We’ll dive into the specifics and help talk about the reasons and logistics of switching injury lawyers.
Can You Change Injury Lawyers?
Absolutely. As the client, you have the right to switch lawyers if you feel it’s in your best interest. Your relationship with your lawyer should be built on trust and effective communication. If that’s missing, it’s entirely within your rights to seek representation that better suits your needs.
Why You May Want to Change Injury Lawyers
There are several reasons why you might consider changing your injury lawyer:
- Lack of Communication: If your lawyer is non-responsive to calls and emails or if there’s long periods between updates, it can leave you feeling in the dark about your own case.
- Not Getting Along: Personal compatibility matters. If you don’t feel comfortable with your lawyer, it can hinder open and honest communication.
- Ineffective Representation: Feeling that your lawyer isn’t representing you effectively or lacks the necessary experience to get you fair compensation is a significant concern.
- Lawyer Left the Firm: Lawyers change jobs or careers; it’s rare, but it happens. In the event that the lawyer you were working with leaves the firm, you might prefer to continue with another lawyer at the same firm who is familiar with your case.
- Missed Deadlines: Missing a limitation period or other critical deadlines can severely impact your case. Procedural errors are a significant concern and warrant considering changing representation.
- Pressure to Settle: If your lawyer advises accepting a “low-ball” offer or pushes for settlement when it’s not advantageous to you, it might be time to reconsider your representation.
- Conflict of Interest: Any conflict between your file and another client’s file, or even an aspect of your lawyer’s personal life, is a red flag.
- Ethical Concerns: If your lawyer is being investigated for an ethical or professional breach, it’s crucial to protect your interests.
- Case Delays: Unnecessary delays without valid reasons can be detrimental to your case’s outcome.
Steps to Take Before Changing Injury Lawyers
Before making a switch, it’s often worth trying to resolve any issues with your current lawyer. Misunderstandings can happen, and open communication might get you both back on the same page.
Communicate Your Concerns: Start by scheduling a meeting or a phone call with your lawyer to discuss your concerns. Explain how you’re feeling about the lack of communication or any other issues you’re experiencing. For example, you might say, “I’ve noticed that I haven’t received updates on my case recently, and it’s making me anxious. Can we establish a more regular communication schedule?” Your injury lawyer may have assumed you wouldn’t want to hear frequent updates.
Be Honest and Specific: Clearly outline what’s bothering you. If you feel your lawyer is pushing for a settlement that’s not in your best interest, express that. You could say, “I’m not comfortable accepting this settlement offer because I believe it doesn’t fully cover my medical expenses and future care.” Your injury lawyer does have relevant experience and will be able to add context to why they are advocating for a settlement, or why they are acting a certain way. However, by being honest and up-front it allows your lawyer to explain their actions.
Seek Solutions Together: Ask your lawyer how the situation can be improved. They might not be aware of how their actions are affecting you and may be willing to adjust their approach. For instance, they might agree to provide weekly updates or explain their strategy in more detail.
Consider Staying Within the Same Firm: If your issue is with your lawyer but not the firm, you might request to work with a different lawyer within the same practice. This can make the transition smoother since the firm already has your case information. You might approach the firm’s managing partner and explain, “I feel that another lawyer within the firm might be a better fit for my case due to our communication styles.” Law firms are team environments, they should be more than willing to move your file within the firm.
Representation Agreement and Fees
Switching lawyers can raise questions about fees and how they are handled. Most personal injury lawyers work on a contingency fee basis, meaning they get paid only if you win your case. However, it’s important to understand how fees will be managed when you switch. It’s likely that your new lawyer will do a fee split or agreement based on how far along the case is, but it depends on too many variables to discuss here. Nevertheless, that shouldn’t impact you or your settlement.
Understanding Your Representation Agreement: Review the agreement you signed with your current lawyer. It should outline the terms regarding fees, expenses, and what happens if you terminate the relationship. Some agreements may specify how changing lawyers could work.
Fees with the New Lawyer: When you hire a new lawyer, they will typically take over on a new contingency fee agreement. It’s a good idea to discuss with them how fees will be handled, especially regarding any work the previous lawyer did. In some cases, the lawyers may have to negotiate how the contingency fee is divided between them based on the work each performed.
Additional Costs: Be aware that the new lawyer might incur costs in reviewing your case file and getting up to speed. However, many lawyers will absorb these costs as part of their contingency fee arrangement. It’s important to have an open discussion about any potential fees before making the switch.
Timeline and Practicalities of Switching
Switching lawyers involves a few practical steps, however it is very straightforward and no different than changing your mobile phone plan.
Notifying Your Current Lawyer: Once you’ve decided to change lawyers, you’ll need to inform your current lawyer in writing. This can be a simple letter stating your intention to terminate the attorney-client relationship.
Transferring Your File: Your new lawyer can help facilitate the transfer of your case file. Your previous lawyer is typically obligated to forward all documents and information to your new attorney promptly.
Notifying the Insurance Company and Court: If your case is already in litigation, your new lawyer will need to file a notice of substitution of counsel with the court. They will also inform the insurance company or any other parties involved about the change in representation.
Impact on Your Case Timeline: Switching lawyers may cause a slight delay as the new attorney gets up to speed. However, in the long run, having a lawyer who is a better fit can positively impact the outcome of your case.
Tips for Finding a New Lawyer
Thinking of Switching?
Finding the right injury lawyer is key. Start by asking trusted sources for recommendations. Next, do your research by checking online reviews and verifying credentials. Don’t be afraid to consult multiple lawyers to find the best fit for your case. For more in-depth advice, check out our blog post, “Essential Tips for Finding an Injury Lawyer.“
Navigating the aftermath of an injury can feel daunting, and having the right legal support is essential for your peace of mind. At Watchmaker Law, we understand that sometimes a change in representation is needed to ensure your best interests are being met. If you’re feeling uncertain about your current lawyer or just want a second opinion, it’s completely okay to make a switch. Watchmaker Law is here to provide guidance, take over seamlessly, and advocate for your rights, so you can focus on your recovery.
