Can I Switch Attorneys in a Personal Injury Case?

The short answer is yes; you CAN switch attorneys in an auto accident, or any type of personal injury case, in Florida, or Texas, at no cost to you. It’s your case and you have the right to make decisions about your representation and choose any lawyer you want.

It’s quick and easy to make a switch with one phone call to your new attorney, who will handle everything for you.

As personal injury attorneys who’ve been practicing law for over 35 years, we get calls all the time from frustrated folks who are unhappy with their lawyers and want to make a change, but aren’t sure how to do it. Some feel like they were forgotten once they signed the initial agreement. Some say their attorneys never updated them on their cases. Many complain that they feel like they’re “just a number” at some of those monster-size firms out there and their attorneys don’t care about them.  And believe or not, many new clients say they’ve never even spoken to a lawyer at the firm they hired!

The truth is, if you change your mind about the initial attorney you selected for your case, or you’re just generally unhappy with your representation on your car accident, slip and fall injury, or other personal injury case, you SHOULD fire your attorney and find an attorney you can trust to get you the compensation you deserve.

What Are the Top Reasons to Change Attorneys in a Personal Injury Case?

Choosing the right injury attorney is one of the most important decisions an injury victim can make. Unfortunately, not every attorney-client relationship works out as expected. Communication issues, lack of progress, or even ethical concerns can cause clients to lose trust or confidence in their lawyer’s ability to represent them effectively. When that happens, it may be time to consider making a change.

Some of the most common reasons personal injury clients decide to switch attorneys include:

• Lack of personal attention: The client hired a large firm but has never spoken directly with an attorney. Instead, their case is handled primarily by case managers or paralegals.
• Poor communication: The attorney fails to return calls or emails and doesn’t keep the client updated about the status of their case.
• Lack of progress: The case has remained stagnant for months, or even years, without meaningful movement toward resolution.
• Disagreements on case strategy: The attorney and client have fundamental differences regarding how the case should proceed.
• Unclear or inconsistent case strategy: The attorney cannot clearly explain the plan for pursuing compensation or fails to communicate it in a way the client can understand.
• Failure to educate the client: The client doesn’t understand the legal process, and the attorney refuses or fails to explain it.
• Settlement pressure: The attorney is pressuring the client to accept a settlement that feels unfair or premature.
• Desire for more control: The client wants to be more actively involved in decision-making and case direction.
• Loss of trust: The client no longer feels confident that the attorney is acting in their best interest.
• Lack of empathy or respect: The attorney makes the client feel unimportant or undervalued.
• Ethical or professional misconduct: The attorney has demonstrated unethical behavior, faced suspension, disbarment, or in rare cases, passed away without an appropriate replacement being provided by the firm.

Clients have the right to expect open communication, professional integrity, and dedicated advocacy from their personal injury attorney. When those expectations aren’t met, switching lawyers can be a necessary step to protect their case and peace of mind. With a skilled, responsive firm like RTRLAW, injury victims can regain confidence knowing their case is in the hands of attorneys who care about their recovery and fight tirelessly for the compensation they deserve.

How Do You Hire a New Personal Injury Attorney?

Just pick up the phone and your new personal injury lawyer a call. You can switch attorneys at any time in Florida or Texas.

When you find a new attorney who’s right for you, it’s easy to make a change. Simply hire a new personal injury attorney first, and then let that lawyer handle the switch for you.

You will never have to contact your prior attorney and go through any awkward conversations about firing them.

Your new attorney will take care of all the details, including informing the prior attorney, insurance company, doctors, and all other parties that you have new legal representation. Your former attorney is legally required to cooperate during this transition, ensuring that your new attorney can quickly obtain all relevant case materials, including records, police, medical and insurance documents, photos, videos, and any other evidence, so they can begin working on your case without delay.

How Does My Prior Attorney Get Paid for the Work He or She Has Performed?

You don’t have to worry about paying double the attorney fees when you hire someone new. Personal injury cases are billed on contingency, meaning you don’t pay anything until you receive compensation from your case. Typically, the new attorney who takes over the case will split the contingency fee with the former attorney.

Are There Any Limits or Reasons Why You Can’t Switch Personal Injury Attorneys?

If you’ve already filed a lawsuit or litigation is ongoing, there is one step your new lawyer will have to take care of for you. You’ll need to give formal notice to the court by way of a motion for “substitution of counsel.” In Florida and Texas, this is done by filing a document with the court that informs all the parties involved that you are changing attorneys.

There are a couple reasons why you may not be able to make a switch. For example, if you’re in the middle of a court case, the judge may not allow you to change lawyers if the switch might cause a delay. However, this is highly unlikely. If you’ve been thinking about changing lawyers, don’t wait too long before you make the switch. The longer the delay, the higher the risk a judge might not allow you to make a change.

A judge also may not allow you to make a switch if your new lawyer has a conflict of interest with the court. For example, if the new lawyer represents one of the other parties in the case, or has a conflict with the judge, you may not be able to switch lawyers. Your new attorney will check  to see if there are any potential conflicts of interest before they take your case.

When Is It Too Late to Fire Your Attorney?

Switching attorneys in a personal injury case is generally a straightforward process, but there may be certain situations where making a change becomes more complicated or even impossible. While Florida and Texas laws allow clients to choose their own legal representation at any time, there are practical and legal considerations to keep in mind.

Some of these key factors that could make it too late to switch attorneys include:

• Your Case is Too Close to Trial: If your case is set to go to trial within a few days or weeks, a judge may not allow a substitution of counsel. Courts prioritize keeping cases on schedule, and a last-minute attorney change could delay proceedings.
• You Have Already Accepted a Settlement Offer: Once you sign a settlement agreement, you cannot renegotiate or undo the settlement by switching attorneys. If you are unhappy with your lawyer’s advice regarding settlement, it’s best to make a change before signing any agreements.
• Your Attorney Has Already Withdrawn or Been Dismissed: In some situations, if an attorney withdraws from your case and you do not secure new representation in a timely manner, you could face difficulties finding a lawyer willing to take over on short notice.
• A Judge Denies the Request: If a case is in litigation and a motion for substitution of counsel is filed, the court has the discretion to approve or deny it. Judges may deny attorney changes if they believe it would unfairly delay the case or create a conflict.

If you are dissatisfied with your attorney’s performance, don’t wait until it’s too late to make a change. The earlier you switch lawyers, the more time your new attorney will have to familiarize themselves with your case and develop a strong strategy.If you’re concerned about whether it’s too late to switch attorneys, RTRLAW can help evaluate your case and guide you through the process. Our experienced attorneys ensure a seamless transition so you can move forward with confidence.

What Are the Benefits of Switching to RTRLAW?

RTRLAW makes it really easy for you to switch lawyers. Just hire us and we will handle everything for you.

If you’re thinking about changing lawyers for your auto accident or personal injury case, give RTRLAW a call today at 1-833-HIRE-RTR for a free evaluation on your case. You can speak directly with one of our personal injury attorneys who will give you the information you need to decide.

If you choose RTRLAW to represent you moving forward, our legal team will help you through the switch and take care of all the details of getting your case records and alerting all other parties involved.

Your RTRLAW personal injury attorney will give you regular updates on your case, while your dedicated and caring case manager will stay in close contact with you as your case progresses. You can rest assured that you’re in good hands with our experienced legal team throughout the entire legal process.

What’s more, we know just how to get the compensation you deserve! RTRLAW has represented tens of thousands of clients since we opened in 1988, and we’ve recovered hundreds of millions of dollars for our clients over the years. If we choose to take your case, you will not pay anything upfront. RTRLAW works on contingency fees, which means you pay NOTHING unless we win your case and recover money for you.

Our experienced and aggressive personal injury attorneys are available to meet with you at one of our offices throughout Florida and Texas. If you can’t come to us, our lawyers and investigators will come to you; even if you are in the hospital or confined to your home due to your injuries. To get a free, no-obligation case review, please contact us 24 hours a day, seven days a week at 1-833-HIRE-RTR (1-833-447-3787), or fill out the contact form directly on our website.