Available 24/7Yes. As a client, you have the right to change attorneys at any time, for any reason. If you are unhappy with how your attorney is handling your case, you are allowed to end that working relationship. That said, there are specific steps we recommend you should take.
Switching lawyers mid-case is a big decision, and it is one we understand many clients feel nervous making. Below, our personal injury attorneys walk through the signs that it may be time for a change, what the process looks like, and how to protect your case along the way.
You Have a Right to Fire Your Attorney at Any Time
When you are represented for a personal injury or car accident case, you expect certain things from your lawyer, and if they fail to deliver, you have a right to terminate representation.
One common issue is communication. Communication with your lawyer and their office is extremely important. The sad fact, though, is many injury lawyers do not communicate as often as they should with their clients. With little feedback, clients are left unaware of the progress in their case. This disconnect often results in the insurance company attempting to pay far less than the true value of your personal injury claim.
Also, you never lose your right to fire your attorney once your case starts. Whether you are negotiating with the insurance company or you’ve filed your lawsuit in court, you can make a change anytime you feel it’s the right thing to do.
It’s free to speak with us and learn the value of your case today.
Call Us NowFiring Your Personal Injury Lawyer Typically Does Not Cost More
Most personal injury lawyers represent clients on a contingency fee basis. Under a contingency fee agreement, you pay nothing up front. Instead, your lawyer will handle your case, such as:
- Investigating the accident
- Determining your damages
- Submitting demand letters
- Speaking on your behalf during negotiations
- Filing a personal injury lawsuit, if necessary
- Representing you in court
If they are successful and you receive a settlement offer or court award, they are paid their attorney’s fees from that. If you do not win your case, you pay no attorney fees. This agreement acknowledges the financial hardships most injury victims find themselves in following any accident.
When you hired your first lawyer, your contingency fee agreement should also outline what happens when you fire them. If you decide to switch lawyers, your new attorney will look at your prior contingency fee agreement to determine how much your prior lawyer should be compensated for the reasonable value of the services already performed on your case.
Signs That You Should Fire Your Attorney
Firing your lawyer is a big decision to make, so if you’re going to do it, make sure you’re doing it for the right reasons. If your lawyer is trying their best to get you the results you want but the court is ruling against them, that’s not the best reason to fire them.
However, here are some valid reasons to be disappointed with the services you are receiving:
Your Lawyer Is Not Communicating With You
If your lawyer is not returning your emails and phone calls and you feel like you are being left in the dark about your case, you may want to find someone else to represent you. You should be getting regular updates on any developments in your case and prompt responses to any questions and concerns you have.
While waiting for medical records or a response from an insurer may result in a long period of inactivity, your attorney should be available to you.
You Are Not Getting the Medical Treatment You Need
If you hire a reputable personal injury lawyer, you should be able to get all the medical treatment you need to recover. A good attorney will often provide you with a list of healthcare providers who can treat you even before your case settles. They will also follow up to make sure your care is not stalling.
If your lawyer is not communicating with you and your doctors about your recovery, that is a legitimate reason to consider a change.
You Disagree About How the Case Should Be Handled
Disagreements between you and your attorney can come up in several areas of your case, including:
- Whether to accept a settlement offer or continue negotiating
- Whether to file a lawsuit instead of settling out of court
- Which experts or investigators to bring in
- How aggressively to negotiate with the insurance company
- How your case is being valued or presented
If you feel your lawyer is forcing you to accept a settlement that does not cover your damages or has any other viewpoints you disagree with, it’s a good idea to get a second opinion. Ultimately, the decision to accept or reject a settlement offer belongs to you, not your attorney.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free ConsultationThe Process of Hiring a New Attorney for Your Case
While seeking compensation for your injuries and losses, you always have the option of getting a second opinion if you are unhappy with your present lawyer. If you find that there is no solution other than to hire another attorney, here are the steps you need to take:
Have Your New Lawyer Look Over Your Contract
The contract you have with your prior lawyer may have provisions concerning the procedure to consider if you want to terminate them, such as notice requirements or how fees will be handled. If these provisions are provided, it’s essential to follow the process as carefully as possible. Your new lawyer can review this contract with you to make sure the switch is handled correctly, and nothing is missed.
Write a Formal Letter to Your Prior Lawyer
To terminate your relationship, your new attorney can send a written letter terminating the prior attorney-client relationship. This letter should be sent as soon as you have made your decision, since your prior attorney cannot stop working on your behalf until they receive it.
Notify the Insurance Company of the Change
Once you have hired a new attorney, they will notify the insurance company of the change so that all future communication and negotiations go through them. Your new attorney will also request your case file from your prior attorney, including any evidence, medical records, and correspondence already gathered. This step helps make sure nothing is lost or delayed during the transition.
Notify the Court of the Change
If a lawsuit has been filed in your case, you must notify the court of a change in counsel. This is typically done by filing a substitution of attorney form, and it should be completed simultaneously or immediately after you send the letter to your prior attorney.
Contact Sargent Law Firm Injury Lawyers for a Second Opinion on Your Case
If you let your lawyer go and you are looking for a new lawyer to represent you, Sargent Law Firm Injury Lawyers can always give you a second opinion on your case. All our case reviews are free.
We have a team of personal injury lawyers with a track record of proven success. Our staff are available 24/7, and our attorneys maintain communication so that you will never be in the dark about the details of your case. Our aggressive legal representation ensures that we will pursue the maximum compensation possible for your damages.
Your legal matters are important. Don’t settle for a lawyer that you’re not happy with. Contact us today for the help you need.
