Can I switch attorneys in a personal injury case?
By Nicholas R. Thompson, Managing Partner, RTRLAW
The short answer is yes, you CAN switch attorneys in an auto accident or personal injury case 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.
I 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, Uber/Lyft accident, or other personal injury case, you SHOULD fire your attorney and find an experienced personal injury firm and attorney you can trust to get you the compensation you deserve.
Here are the important things you should know before you change your attorney in a personal injury case. Keep reading for more details.
Top reasons to change attorneys
Some of the most common reasons personal injury victims switch their personal injury lawyers:
- I hired a large firm and I have never spoken to an attorney at the firm. They pawned me off on a case manager or paralegal.
- My attorney doesn’t communicate effectively and never returns my calls and emails.
- My case is stagnant and hasn’t moved in months (or years).
- My attorney and I have fundamentally different opinions on the direction of my case.
- My attorney doesn’t have a coherent or comprehensible case strategy.
- I don’t understand what my attorney is telling me or the legal process, and my attorney won’t explain it to me.
- My attorney is pressuring me to accept a settlement I don’t agree with.
- I want more control over my case.
- I don’t trust my attorney.
- My attorney doesn’t value me or care about my case.
- My attorney is unethical or has been disbarred.
- My attorney died, and the law firm hasn’t offered an acceptable replacement.
How to hire a new personal injury attorney
Just pick up the phone and give us a call. You can switch attorneys at any time.
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 don’t 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. In addition, your new attorney will get all your case records, medical and insurance documents, photos, videos, etc. Your former attorney is required to cooperate with this process.
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, 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.
Make the switch to RTRLAW today!
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 toll free at 833-HIRE-RTR. You can speak directly with a member of our legal team who will conduct a confidential, no-obligation case review. This will give you the information you need to decide.
RTRLAW will help you through the switch and take care of all the details of getting your case records and alerting all other parties for you.
The benefits of switching to RTRLAW
Your RTRLAW personal injury attorney will give you regular updates on your case, and 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 since then.
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 7 convenient offices in Florida (Fort Lauderdale, Orlando, Tampa, Kissimmee, Lake Worth, Miami, and Jacksonville), or in Dallas, Texas, by appointment only. 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.
Contact us for a case review today
To get a no-obligation case review, please contact us or chat with us now. For more information, call or text us 24 hours a day, seven days a week toll free at 833-HIRE-RTR, or you can email us at email@example.com.