Are you currently experiencing any of the following problems with your current California personal injury lawyer?:
- They lack experience
- They don’t answer your emails and phone calls quickly
- They pressure you to settle for less than you feel your case is worth
- They are disrespectful to you
- You’re not satisfied with the progress of your case
- You have concerns about your lawyer’s ability to handle your case
- Your attorney/client relationship is otherwise unsatisfactory
In California, you can switch personal injury lawyers legally at any point during your case. You should consider switching attorneys if you are experiencing any of the above issues with your current attorney. You have a right to choose what lawyer handles the legal process for you. Should you not be satisfied with the lawyer you have right now, you are allowed to find a new lawyer. Changing attorneys halfway through a case will typically not result in you being charged higher fees in most injury cases.
It is automatic for most people to seek a second medical opinion upon receiving a questionable diagnosis, so why should the way you deal with law firms be any different? The quality of your personal injury lawyer can affect the quality of medical treatment you receive for your injuries, so it’s just as important to seek a second legal opinion as it is to seek a second medical opinion.
It is your right to change lawyers in the middle of your case, so you’re best off seeking a second opinion if your current legal counsel just isn’t getting it done to your level of satisfaction.
Call us today for a FREE consultation at (800) 718-4658, text us from this page, fill out this page’s free consultation form or contact us here if you or a loved one is unhappy with your current personal injury lawyer. Our legal team has recovered over $750,000,000 for our clients and have been handling personal injury claims since 1990. You won’t be charged any extra legal fees for switching lawyers in most cases, and we won’t charge you any fees until and unless we recover compensation for you. Call us today.
When Can I Fire My Personal Injury Lawyer?
You may fire your injury lawyer at any time during your case, including just prior to settlement.
However, your current lawyer may still have a claim regarding the settlement amount.
It is much better to switch lawyers early on in the legal process than near the end of the legal process. The reason why is attorney liens.
Attorney liens are security interests held by lawyers on settlements.
Lawyers may not place liens for any more than the value of any legal work they have completed. Because of this, attorney liens will probably be a lot bigger later on in a case than early on in a case.
If your settlement is almost complete, your first lawyer might claim they’re entitled to a full legal fee. This could make it hard to find another lawyer willing to take your case. Alternately, this could lead to your second lawyer eating up a lot of your share of your settlement, costing you in the long run.
What Are Common Reasons to Switch Personal Injury Attorneys?
There are a lot of red flags which can indicate bad lawyers, including:
Poor Communication
Attorneys should have good availability for answering questions, keeping you informed of the progress of your case, and communicating clearly and promptly. Vague explanations, ignored phone calls and unanswered emails are concerning and can delay proceedings.
Lack of Empathy
Good attorneys should acknowledge and understand your situation’s emotional impact. Should your lawyer seem insensitive, cold or dismissive, this is a sign of low quality representation.
Unethical Conduct
Unethical behavior such as advising you to lie, lying in court or dishonesty are major red flags. Excessive billing without proper explanations or hidden additional costs are signs of unethical conduct.
Lack of Competence
An attorney’s competence should be obvious in their ability to present a strong case, preparation for court and knowledge of the law. Should your attorney seem unable to articulate a strategy which is clear, unprepared or disorganized, this is cause for concern.
Lack of Experience
Experience does not guarantee success. It is, however, a valuable asset. Should your attorney be new to your specific area of law or type of case, they might lack the needed experience and knowledge to represent you effectively.
Unprofessional Behavior
Tardy, disrespectful or rude behavior can raise concerns regarding your lawyer’s professionalism. Should your lawyer exhibit disrespectful behavior or violate your confidentiality, this is a sign of a big problem.
Lack of Respect
Good attorneys are respected by clients, judges and peers. If it seems like your lawyer is frequently criticized or lacks respect from others, this might be a sign of a bad lawyer.
Personality Conflicts
You don’t have to be best friends with your attorney. However, your case can be negatively impacted by major personality conflicts, which can strain your relationship with your attorney. Should you feel uneasy or uncomfortable around your attorney, this is a sign you might want to seek out a new attorney.
Poor Performance
It might be time to consider another option if you feel your attorney isn’t adequately prepared or isn’t pursuing your case actively.
Lack of Confidence
It might be beneficial to switch attorneys if you have lost trust in the ability of your attorney to effectively handle your case.
Unnecessary Delays
Should your case be progressing not quickly enough without a reason that is clear, investigate why. You have a right to switch lawyers if you feel your case is taking too long to settle.
When Is It Too Late to Change Lawyers?
It is typically not too late to change from your previous attorney to a new one. You have a right to switch in the middle of a case, or at any stage of your case, and no legal restrictions exist on doing this. However, If you’re thinking about switching lawyers, it’s best to make the change before trial begins, before court approval is needed for a new attorney, or before key deadlines like the statute of limitations.
You can select a new law firm at any time. However, if you do this close to trial or during active settlement negotiations, you could jeopardize your case and create problems for your new representation.
If you switch from your current lawyer to a new one right before a trial, this can disrupt momentum as well as cause problems regarding your new lawyer’s preparation.
Changing attorneys in the middle of a jury trial may be difficult. It may require permission from a judge, as it may disrupt your trial and lead to delays.
A new attorney will need time to understand the nuances and history of negotiations, so switching from your original lawyer can disrupt the process of ongoing negotiations. This could possibly harm the chances you have of obtaining a resolution which is favorable.
Should you switch from your first attorney while deep in the discovery process, your new attorney might need some time in order to catch up on details.
Your new attorney will have to be familiar with your case, and this may require effort and time, especially if your previous law office wasn’t forthcoming with info.
Switching lawyers close to the statute of limitations may place your claim at risk.
Your previous lawyer might still be entitled to receiving a fee, especially if they’re contingency fee lawyers, even when they don’t complete the whole case. However, you typically won’t be charged anything extra by switching lawyers.
If you’re considering switching lawyers, call us today at (800) 718-4658 for a free consultation. Your transition will be easier if you switch sooner, so don’t delay – call us today!
How Do I Hire a New Attorney?
You will begin by looking for a new injury lawyer. Consider how lawyers will meet your needs when choosing a personal injury lawyer. Most personal injury cases are handled on a contingency fee basis, meaning you’ll typically be given a free initial consultation so you can decide if a new lawyer is a good fit.
You will typically have to inform your current lawyer that you will be hiring a new lawyer. Your new attorney will take over your case. The old lawyer will need to provide all relevant information and documents to your new lawyer.
Review the retainer agreement you have with your current attorney in order avoid fee disputes and understand what financial obligations there are should you choose to switch lawyers. You might have to pay for the work your first lawyer has already done, even if your case has not been settled. Your new lawyer can determine how your old attorney’s fees should get handled.
Find a new attorney prior to terminating your current lawyer, especially should your case be active.
Send your current lawyer a letter informing them that you’re seeking new representation and terminating their services. Be direct and clear in your letter. Your letter may be delivered via email, certified mail or in person. Clearly state you’re terminating your relationship with the lawyer and that you want your file transferred to your new attorney. Your old lawyer will be legally required to provide you or your new lawyer with your case files, no matter what reason you switched lawyers.
Your new attorney may also send your old attorney a “stop work letter.” This will instruct them to stop working on your case and forward them your file.
Your new attorney will usually send you a “consent to change attorney” form that you’ll need to sign. Your current lawyer will also have to sign this before filing it via court.
Your new attorney will then file with the court a “notice of appearance” which officially informs everyone regarding the change.
You’ll need to file a substitution of attorney form via court (if applicable). Your new lawyer can do this for you.
Make sure your new lawyer is willing to take on your case. You’ll need a new lawyer who is willing to represent you if you want to switch lawyers. Your new lawyer will probably review your file prior to agreeing to take on your case.
Make sure that there is open communication with both your new and old lawyers to facilitate a transition which is smooth.
Should you believe that your case has been mishandled by your previous lawyer, you might be able to sue your previous lawyer for legal malpractice prior to the statute of limitations expiring.
Always keep records of all communications with attorneys, including relevant documents such as termination letters.
What Questions Should I Ask Before Choosing a New Personal Injury Attorney?
Questions you should ask a potential personal injury lawyer include:
- How many attorneys will work on my case?
- How long has your law firm been handling personal injury cases?
- Have you handled similar cases to mine?
- What are your legal fees?
- How long do you expect my case to take?
- Am I responsible for any costs if I lose?
- Do you have bilingual staff?
- What additional services do you offer?
- Can you provide any client testimonials?
- What is the value of my case?
- Can you help me find doctors?
- What will happen if my case goes to court?
- How much compensation has your firm recovered for clients?
- Have your lawyers won any awards?
- What will you expect of me?
- What is the largest settlement you have received?
Can I Change My Lawyer Before a Settlement?
Yes, you are allowed to change attorneys before your settlement, even following your particular case being filed in court. You might require court approval to change lawyers, though. Your first attorney might have a claim against your settlement amount for the work they did.
You are allowed to change attorneys at any time, even prior to settlements, so long as you have not signed a settlement agreement already.
If you have already filed a case, though, you might require court approval in order to switch lawyers.
Your first attorney might still be entitled to being paid for the work they did, even should you switch prior to a settlement.
A lot of personal injury lawyers work on a contingency fee basis. This means they receive a portion of your settlement as their payment. Should you switch, your first attorney might still have a claim or lien against the settlement.
Should you decide to switch lawyers, your new attorney will usually file a “substitution of counsel” via the court.
We Are The Experts At Obtaining Fair Payouts
Your choice of car accident lawyer or personal injury lawyer is crucial since your future, well-being and health will be severely impacted by this choice. It is vital that you choose an attorney with vast experience and a proven track record of settling personal injury cases.
We’ve been successfully resolving personal injury cases for over 30 years and have recovered hundreds of millions of dollars on behalf of clients in that time because we are the experts at forcing insurance companies to offer our clients fair compensation for their injuries.
Insurance companies know what they’re up against when they deal with Nadrich Accident Injury Lawyers. That’s why they often offer us fair settlements – they recognize that our team has the skill and experience to prove their client’s negligence was responsible for your injuries.
It is not uncommon for clients who have switched to us halfway through a case to share that we got them a substantially larger settlement than their previous lawyers were pushing to obtain – as much as ten times the amount.
Call Us Today For More On Changing Your Attorney!
Insurance companies and defense lawyers know we will never back down, since we’re willing to prepare extensively for every case, go to trial and fight for the legal rights of our clients.
Call us now for a free consultation at (800) 718-4658 if you are thinking about changing your California personal injury lawyer. We will explain the process of changing lawyers and then, if you decide to go with us, we will make the process incredibly easy for you. You won’t be charged extra for switching from your previous lawyer to a new lawyer in most cases and we won’t charge for legal services until and unless we obtain a recovery for you. Call us today.
