Can I Change Lawyers Mid-Case?

When you are represented for a personal injury or car accident case, communication with your lawyer and their office is extremely important. The sad fact is that many injury lawyers do not communicate as often as they should with their clients.  Many law firms are also not equipped to work remotely during this challenging time. This will likely result in the insurance company attempting to pay less than full value on your claim. 

This article will take a look at what you need to consider if you are thinking of switching lawyers mid-case.

Do You Have a Right to Fire an Attorney?

Yes. California law allows any client to change attorneys at any time if you are represented on a contingency fee basis. If you are disappointed with the way your attorney is representing you, you have the right to fire him. However, you must take specific steps when doing so, which will be addressed later in this article.

When firing my personal injury lawyer will it cost me more money?

Most personal injury lawyers represent clients on a contingency fee basis.  When you hired your lawyer, you most likely signed a contingency fee agreement that should 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 your services.  

When should I fire my lawyer?

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 his or her best to get you the results you’re looking for, but the court is ruling against them, it’s not a good idea to fire them. However, here are some reasons that may cause you to be disappointed with the services you are getting.

  • Lawyer Does Not Communicate 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 an update on your case at least every 30-45 days.
  • You are not getting the medical treatment you need: If you hire a reputable personal injury lawyer, you should be able to get all of the medical treatment you need to recover. This is also where communication comes into play.
  • You Disagree About How the Case Should Be Handled: 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.

If You Are Unhappy with Your Lawyer to Get a Second Opinion

If you are unhappy with your lawyer, you always have the option of getting a second opinion.

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 him. If these provisions are provided, it’s essential to follow the process as carefully as possible.
  • 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.
  • Notify the Court: If a lawsuit has been filed in your case, you must notify the Court of a change in counsel. This should be performed simultaneously or immediately after you send the letter to your attorney. 

Finding a New Lawyer for Your Case

If you let your lawyer go and you are looking for a new lawyer to represent you, the Sargent Firm can always give you a second opinion on your case.  All of our case reviews are free.  

The Sargent Firm has a team of experienced personal injury lawyers with a track record of proven success. They are available 24/7, and they maintain excellent communication so you will never be in the dark about the details of your case. Their aggressive representation ensures that you will get maximum compensation for your damages.

Your legal matters are important. Don’t settle for a lawyer that you’re not happy with. Contact us to get the help you need. 

Our Locations


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Oceanside, CA 92054


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Escondido, CA 92025


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Temecula, CA 92590


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Murrieta, CA 92562

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1450 Northwest Blvd Suite 104
Coeur d'Alene, ID 83814

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