Yes, you absolutely can change your lawyer, even in the middle of a personal injury case. It is your fundamental right to have legal representation you trust and feel confident in.
Feeling stuck with a personal injury attorney who isn’t meeting your needs can be incredibly frustrating. Whether it’s a lack of communication, slow progress, or a simple gut feeling that something is wrong, you are in control of who advocates for you.
The process of switching lawyers involves a few key steps, from reviewing your agreement to formally making the switch. All of these are designed to ensure a smooth transition for you and your claim.
Key Takeaways for How to Change Your Lawyer in a Case
- A client has the absolute right to change their attorney at any stage of their personal injury case.
- Common reasons for seeking new legal representation include poor communication, a lack of progress on the case, or a general loss of trust in the current lawyer.
- The process typically involves formally notifying the first attorney in writing and having the new attorney file a “Substitution of Attorney” form with the court.
- Financial arrangements, such as how attorney’s fees are divided, are handled between the old and new lawyers and should not result in the client paying more than the original contingency fee.
- The client’s case file and all related evidence legally belong to the client and must be transferred to the new legal team.
Why You Might Consider Changing Your Personal Injury Lawyer
Making the decision to switch legal representation shouldn’t be taken lightly. However, if you feel your case is being mishandled or neglected, you have every right to explore your options. You deserve an advocate who is dedicated, responsive, and fully committed to your well-being, someone who understands how they can help you after an accident, from start to finish.
Sometimes, the attorney-client relationship just doesn’t work out. This can happen for many reasons, and it’s often no single person’s fault. The important thing is to recognize when the relationship is no longer serving your best interests.
Lack of Communication
This is one of the most common and valid reasons people seek a new lawyer. The legal process can be confusing, and being left in the dark only adds to the anxiety. If your calls and emails go unanswered for long periods, or if you receive vague updates that don’t truly explain what’s happening with your case, it’s a major red flag. You should feel like a priority, not an afterthought.
Your Case Isn’t Moving Forward
While personal injury cases can take time, there should always be a sense of forward momentum. If months go by with no meaningful progress—no documents filed, no communication with the insurance company, no clear strategy—it may be a sign that your case isn’t getting the attention it deserves. A proactive lawyer keeps the pressure on the opposing side and consistently works toward a resolution.
A Loss of Trust or Confidence
Trust is the bedrock of any successful attorney-client relationship. This trust can be broken in many ways. Perhaps your lawyer seems unprepared, dismisses your concerns, or pressures you to accept a low settlement offer without a clear explanation. If you no longer believe your attorney has your best interests at heart or doubt their ability to handle your case effectively, it’s time to listen to that instinct.
Mismatched Styles or Philosophies
Sometimes, it comes down to a simple mismatch. Your lawyer might have a more aggressive or a more passive approach than you are comfortable with. You may feel they aren’t fighting hard enough, or conversely, that they are creating unnecessary conflict. Finding a lawyer whose approach aligns with your goals and values is crucial for your peace of mind.
Common warning signs that it might be time for a change include:
- Consistent Unresponsiveness: Your lawyer or their staff regularly fail to return your calls or emails in a timely manner.
- Vague or Infrequent Updates: You have no idea what is happening with your case for long stretches of time.
- Constant Staff Turnover: You are always speaking with a new paralegal or associate who is unfamiliar with your case details.
- Pressure to Settle: You feel pushed to accept an offer you are uncomfortable with, without a thorough explanation of the pros and cons.
Recognizing these signs early can help you make an informed decision about what is best for you and your future.
The Step-by-Step Process: How to Change Your Lawyer in California
The idea of “firing” your lawyer can sound intimidating, but the actual legal process in California is straightforward. A new, dedicated attorney can handle most of the transition for you, minimizing any additional stress.
Step 1: Review Your Current Retainer Agreement
Before you do anything else, locate the fee agreement or retainer you signed with your current lawyer. This document outlines the terms of your relationship, including the fee structure (likely a contingency fee) and the process for ending the representation. Understanding these terms will help you know what to expect.
Step 2: Find and Consult with a New Attorney
You should not part ways with your current lawyer until you have a new one ready to take over. This prevents any gaps in representation that could harm your case. Research and consult with other Los Angeles personal injury attorneys. During these free consultations, be honest about your situation and why you are considering a change. This allows the new attorney to assess your case and determine if they can help.
Step 3: Formally Notify Your Current Lawyer
Once you’ve chosen a new lawyer and they’ve agreed to take your case, you need to inform your current attorney. While a phone call is fine, it is best to do this in writing via a certified letter or email. Your letter can be simple and professional. You don’t need to give a long, detailed reason for your decision. A simple statement that you are terminating their services and have retained new counsel is sufficient. Your new lawyer can help you draft this letter.
Step 4: Your New Attorney Handles the Formal Transition
This is where your new legal team takes over. They will:
- Send a formal letter of representation to your old attorney.
- Arrange for the complete transfer of your case file, including all documents, evidence, and correspondence.
- File a document called a “Substitution of Attorney” with the court if a lawsuit has already been filed. This form officially notifies the court and the opposing side that you have new representation.
From this point on, all communication will go through your new law firm, and they will take charge of moving your case forward.
This structured process ensures that your case is never left unprotected and that the transition is handled professionally and efficiently.
Understanding the Financial Side of Switching Attorneys
A major worry for many people is whether they will have to pay two different lawyers, potentially doubling their legal fees. In personal injury cases, this is almost never the case. Most attorneys in this field work on a contingency fee basis. This means they only get paid a percentage of the settlement or award if they win your case.
When you switch lawyers, this contingency fee is typically split between your old and new law firms. You won’t pay more than the single percentage you originally agreed to. The two lawyers will work out the division of fees between themselves at the end of your case. Your total recovery still depends on what you can sue for in a personal injury case, including damages for medical bills, lost wages, and pain and suffering.
What Is an Attorney’s Lien?
Your first lawyer will likely place an attorney’s lien on your case. This is simply a legal claim that entitles them to a portion of the final settlement or verdict to cover the work they did and the costs they incurred before you made the change. It is not a bill you have to pay out of pocket. The lien is paid out of the case proceeds once it is resolved.
Rules are in place to ensure these fee disputes are handled fairly. Your new attorney will negotiate the value of your old attorney’s lien, ensuring it reflects the actual work they contributed to the case.
How Fees Are Divided Between Your Old and New Lawyer
The division of fees is based on a legal principle called quantum meruit, which translates to “as much as he has deserved.”
- The Work Performed: The amount of work the first lawyer did is the primary factor. Did they just sign you up, or did they conduct depositions, file motions, and hire experts?
- Case Expenses: Your first lawyer must be reimbursed for any direct costs they paid, such as court filing fees or fees for obtaining medical records.
- The Final Outcome: The total fee is based on the final settlement or verdict your new lawyer obtains for you.
Your new attorney will manage these negotiations, protecting your interests and making sure the fee division is fair and reasonable. The most important takeaway is that your portion of the settlement should not be affected.
What Happens to Your Case File and Evidence?
Your case file—containing everything from the initial police report of a car crash on the 101 Freeway to your medical records and photos of the scene—belongs to you, the client. It does not belong to the lawyer.
Under California’s Rules of Professional Conduct, upon termination of representation, an attorney must release the client’s file promptly. Your new lawyer will send a formal request for the file, and your former attorney has a legal and ethical duty to comply. This ensures there is no loss of critical information or evidence. The transfer is typically handled directly between the two law offices, so you don’t have to worry about physically moving boxes of documents. Your new team will review the entire file to get up to speed and identify the best path forward.
Is It a Good Idea to Change Lawyers Mid-Case?
Deciding whether to switch attorneys is a personal choice that depends entirely on your circumstances. While it’s a significant step, sometimes it’s the necessary one to get the justice and compensation you deserve.
Potential Benefits of Making a Change
A new lawyer can bring a fresh perspective and renewed energy to a stalled case. If you’ve been feeling ignored or unheard, finding a responsive and compassionate attorney can restore your confidence in the legal process. A new firm may also have more resources or a different strategy that could lead to a better outcome.
Potential Challenges to Consider
The main potential drawback is a possible delay. Your new attorney will need time to review your file and get fully acquainted with every detail of your case. Additionally, some lawyers may be hesitant to take on a case that another attorney has already handled, especially if it is complex or close to a trial date.
Before making a final decision, you might consider the following:
- Have an honest conversation: Try to have one last direct conversation with your current lawyer about your concerns. Sometimes, this can clear up misunderstandings.
- Get a second opinion: A free consultation with another attorney can provide valuable insight. They can review your situation and tell you if your concerns are valid and if they believe they could do a better job.
- Trust your instincts: Ultimately, you need to feel comfortable and confident with the person handling your case. If you truly believe a change is needed, it probably is.
This decision is about ensuring you have the strongest possible advocate in your corner as you navigate the aftermath of an injury.
FAQs: How Do I Change My Lawyer in a Case?
Here are answers to some common questions that arise when you’re thinking about switching legal representation for your personal injury claim.
What if my old lawyer refuses to release my case file?
An attorney has an ethical and legal obligation to release a client’s file upon request after their services are terminated. If they refuse, it is a violation of professional conduct rules. Your new attorney can file a motion with the court to compel them to turn over the file and can also report the issue to the State Bar of California if necessary.
Will switching lawyers make me look bad to the court or the insurance company?
No, not at all. Judges and insurance adjusters see clients change attorneys for various reasons; it is a normal part of the legal world. It does not negatively impact the credibility of your case. In fact, bringing on a more engaged and prepared attorney can signal to the other side that you are serious about pursuing a fair outcome.
Can I change lawyers if my personal injury case is close to trial?
It is possible but can be more challenging. A new lawyer would have to get up to speed very quickly. Many attorneys are reluctant to take on a case on the eve of trial. However, if there has been serious mishandling of your case, a new firm may be willing to step in and request a continuance (a delay) from the court to prepare properly.
Find the Right Legal Partner for Your Journey Forward
Choosing the right legal representation is one of the most important decisions you will make, and you deserve a team that treats you with respect, prioritizes your well-being, and fights tirelessly on your behalf.
At Best Law, our approach is built on the core values of honesty, transparency, and client-centered care. Los Angeles personal injury lawyer Elissa Best founded our firm with a clear mission: to provide every client with the same integrity and dedication we would offer our own family. We understand the trust you place in an attorney, and we work every day to honor that trust. We listen to your story, explain your options in plain English, and ensure you are always informed and empowered.
If you are feeling lost or frustrated with your current legal representation, or if you are just starting your search for a personal injury attorney, we are here to help. Contact Best Law today at (424) 260-4649 or through our online form for a free, no-obligation consultation. Let’s talk about what happened and how we can help you move forward with confidence and peace of mind.
