Switching personal injury (PI) lawyers in the middle of a case is a serious decision that can have implications on the outcome of your claim. Understanding the implications, procedures, and potential problems will ensure a smooth transition and continued pursuit of your best interests.
An experienced personal injury lawyer usually has the skills to make the transfer as smooth as possible. Through them, you can make sure that the momentum of your claim is preserved and that your rights are protected.
Reasons for Switching Personal Injury Lawyers
People consider replacing their PI attorney for a number of different reasons. They are mentioned below.
Lack of Communication
Poor communication is one of the most common reasons why clients consider changing their PI lawyer. If your attorney is unreachable or does not give updates about your case, this will surely lead to frustration and a loss of trust.
Clear, consistent communication is essential for any client-lawyer relationship, and when it’s lacking, clients may seek a lawyer who keeps them informed and engaged.
Dissatisfaction
Another reason for changing attorneys is dissatisfaction with the case’s progress. Delays or perceived stagnation, such as missed deadlines or a lack of action, can make clients question their lawyer’s effectiveness. If the case isn’t moving forward as expected, clients may feel their attorney is not prioritizing their matter.
Disagreements on Strategy
Disagreements over strategy might also alienate the client and the attorney from each other. In cases where the client perceives that their attorney is not pursuing the best approach, they may seek another lawyer whose approach fits their goals and expectations.
Your Legal Right to Change Lawyers
Legally, you have the right to switch attorneys at any point during your case, but the timing of this decision is critical.
Changing lawyers early in the process is typically less complicated. However, as the case progresses, switching attorneys might introduce complexities, particularly if the trial date is approaching. It’s important to weigh the potential benefits of new representation against the possible delays or challenges it may cause.
Steps to Switch Lawyers
The first thing you should do when switching to another attorney is to find a replacement attorney before actually terminating the relationship with your present attorney. This ensures you have no gap in your representation.
When you have found a new attorney, write to your current lawyer that you no longer need their services. Your new attorney will then get in contact with your old attorney requesting your case file.
Financial Implications of Switching Attorneys
Another important factor to address is financial considerations. Personal injury lawyers typically work on a contingency fee basis, meaning they are paid a percentage of the settlement or judgment. When you switch attorneys, the former and new lawyers will need to negotiate how the contingency fee is divided.
Importantly, this division should not increase the total fee deducted from your recovery. Discussing and clarifying fee arrangements with both lawyers before finalizing the transition will help avoid misunderstandings.
Challenges When Switching Lawyers
There can be some growing pains with a change of attorneys. The new attorney will have to familiarize themself with your case, and there may be some temporary delay. This transition period is not always avoidable, but most disruptions can be minimized by communicating openly with your new attorney.
Sometimes, there may be disagreements between the old attorney and the new attorney about how fees are to be divided. Fortunately, these disputes are usually worked out between the attorneys and do not involve the client.
Making the Right Decision
It would be wise to discuss your concerns with your attorney before making a decision. Sometimes, open communication can resolve issues, and there will be no need for a change.
If you have decided to switch, take the time to research and select a new attorney with a proven track record in personal injury law to make sure that you get the best chance of a good outcome.