Choosing the right personal injury lawyer for your personal injury case is one of the most important decisions you can make. You want someone who’s knowledgeable, professional, will listen to your concerns and handle your case with care.
But what happens when you’re no longer happy with your attorney and feel like he’s being unresponsive? In California, switching personal injury lawyers at any time is permitted, even if you’re in the middle of a case.
Switching attorneys is more common than you might think and if you feel your case isn’t being handled properly, you may want to make a change to someone who will fight for you.
Keep reading for more details on why finding a new personal injury attorney might be the right decision for you and how to go about making a switch.
Reasons for Switching Attorneys
Undoubtedly, communication issues are one of the main reasons people decide to switch attorneys. It can be frustrating if a personal injury attorney isn’t returning calls or emails and not taking time to explain the legal process to you. Other valid reasons for finding a new attorney include:
- Lack of Progress: Clients may lose confidence in their attorney when a case drags on with no updates or results or the attorney misses more than a few deadlines.
- Disagreements on Strategy: If a client doesn’t agree with the attorney’s legal approach or settlement decisions then it may be time to go with another lawyer.
- Personality Conflicts: Sometimes the relationship simply doesn’t work out, which can impact trust and progress. If a client and attorney do not have good rapport, it can make an already stressful situation worse.
- Lack of Experience: If your lawyer doesn’t have enough experience to handle your lawsuit, it’s important to find an attorney who does.
- Ethical Concerns: Concerns over an attorney’s ethics or integrity, such as overbilling or conflicts of interest, are legitimate reasons to obtain new representation.
Seeking a Second Opinion
Obtaining a second opinion can be vital for some personal injury cases. That’s especially true if a law firm is not making good use of essential resources, which may significantly impact your case.
Getting a second opinion on important matters is common practice. In fact, clients who receive a second opinion usually have a more thorough understanding of their case. You may be confused about your legal issue and not fully understand your rights in the situation.
That second opinion will give you another perspective on how your case could move forward in the future and allow you to best meet your legal goals.
Some law firms will pass on much-needed resources to save their clients’ money. But the attorney with a second opinion may explain why those expenses are worth it and how they will make a huge difference in your case.
The Legal Right to Switch Attorneys in California
As we mentioned before, in California, clients can switch attorneys at any point in their personal injury case. Plus, you are under no obligation to provide your current attorney with details about why you are making a switch.
Changing lawyers is common, so no one should feel upset or uncomfortable. Attorneys are bound by ethical obligations to make these transitions smooth. That includes handing over any files to the new attorney and not delaying the personal injury case.
Steps for Switching Personal Injury Attorneys
Switching to a new lawyer doesn’t need to be complicated. Follow these steps to ensure a smooth transition:
- Review your Contract: Make sure to review your contract with your current attorney. Understand the fee agreement and whether the current lawyer is entitled to any part of the contingency fee, which may affect your new attorney’s fees.
- Notify your Current Attorney: Inform your current attorney via formal letter of your intent to switch and request a case transfer to your new lawyer.
- Obtain a New Attorney: Look for an experienced personal injury attorney with a proven track record who is willing to take over your case. It’s important to ensure the new attorney is a good fit.
- File Transfer: Your prior attorney must turn over your case file to your new attorney upon request.
Fee Implications of Switching Attorneys
California follows the “quantum meruit” rule, which translates to “as much as one has deserved” in Latin. That means outgoing attorneys can recover any fees based on the value of services they provided until their termination.
If you decide to switch attorneys in the middle of your case, your new lawyer may need to work out a fee-splitting arrangement with your former attorney. This prevents you from paying any additional out-of-pocket legal fees and should not affect your recovery amount.
Most personal injury attorneys work on a contingency fee basis, so if the client wins the case, they get paid a percentage of the client’s settlement or judgment. If the client loses, the lawyer will not receive any payment.
Potential Drawbacks of Switching Attorneys
Although switching lawyers can improve your personal injury claim’s outcome, it’s something that should not be done lightly, as drawbacks could be involved:
- Case Delays: Changing attorneys halfway through a case may cause delays. A new attorney needs time to review case documents and information, plus create a new legal strategy. A new lawyer may not have time to reverse a prior attorney’s actions or mistakes.
- Fee Disputes: The transition could lead to disagreements over your former lawyer’s share of fees, especially if he or she feels entitled to a portion of the contingency fee.
- Difficulty Finding New Representation: Some attorneys may be reluctant to take over a case, especially if it’s late in the process or appears problematic. For example, it may be more difficult to find a new attorney willing to take on a case that another lawyer has already put years of work into. The amount of legal fees the new attorney would have to share with the prior one may not make it worthwhile to accept the case.
Benefits of Switching Attorneys
Besides finding a lawyer who is a better fit for you, switching attorneys can provide other benefits for your case:
- Better Communication and Strategy: If your initial attorney was not communicating well or had a different strategic approach, switching lawyers may improve the case’s management.
- New Expertise: You may feel more confident with a new attorney who has more relevant experience or a more aggressive approach.
- Better Outcome: You may be able to obtain a better outcome and a larger cash settlement.
How to Choose the Right Attorney When Making a Switch
It’s impossible to know how any working relationship will work out over time. However, there are several things to think about and ask before choosing another personal injury lawyer.
- Do Your Research: Read reviews, ask for referrals and meet potential attorneys to discuss your case. Choose a lawyer whose style aligns with your preferences and your case.
- Good Communication is Key: Look for a lawyer who communicates clearly, is responsive and keeps you up to date on your case’s progress.
- Ask About Fee Arrangements: Be sure the new attorney understands how fees will work and whether they are comfortable with the transition.
- Ensure a Smooth Transition: Ask how the new attorney will handle file transfers and if there will be any downtime when managing your case.
- Inquire about Prior Successes: A lawyer with a good track record in similar cases can provide important insights into any outcomes and challenges you may go through. Past performance can be a good indicator of future success.
Beyond experience and communication, when evaluating potential new attorneys, consider factors such as: client satisfaction—read reviews and testimonials to gauge past clients’ experiences. Assess the firm’s resources, examine their trial track record, check for a focus on your specific type of case and a demonstrated commitment to protecting your best interests.
Looking for a Lawyer
Finding the right lawyer takes time, especially since it is highly recommended that you do some comparison shopping. Be wary of attorneys who approach you directly in person, by phone or private messages in social media offering their legal services. Here are some resources for finding an attorney who’s just right for you:
- Certified Lawyer Referral Services: These agencies can refer you to a local, licensed personal injury attorney.
- Certified Specialists: To find an attorney who is a certified specialist in certain areas of the law, use the State Bar’s online certified specialist directory to search for a certified attorney by specialty area and California county.
- Recommendations: Ask people you trust to recommend a lawyer who can assist you or refer you to other personal injury attorneys. Avoid “settlement mill” type firms that rely heavily on advertising to generate business and attract clients. Settlement mills tend to accept the first offer from an insurance provider to continue paying their advertising bills.
- Public Interest Groups: Several nonprofit public interest organizations, such as those that focus on civil liberties, may be able to help you find a lawyer.
Ethical and Professional Responsibilities of Attorneys
Even after switching lawyers, attorney-client privilege still applies to all private communications that were made between you and your former lawyer. Legally, your previous attorney cannot disclose any confidential information about your case to third parties.
The State Bar of California’s Rules of Professional Conduct prevent attorneys from taking any actions that may negatively affect a case. Here are other things to consider regarding an attorney’s ethical and professional responsibilities:
- California Bar Rules: Attorneys in California must follow specific ethical guidelines when a client decides to switch. This includes handing over all files with no unnecessary delays.
- Client Protection: The attorney-client relationship is central, and switching attorneys should not negatively impact a client’s interests or case progress.
Unhappy with Your Attorney? Get a Free Consultation Today!
If you are not happy with your current personal injury attorney, contact El Dabe Ritter Trial Lawyers. Our experienced Los Angeles personal injury lawyers can offer you a free consultation just as we would with a new case.
Contact us for your free consultation today, before you continue working with another attorney who may not be looking out for your best interests. Switching attorneys may bring a better outcome for your case and result in a higher settlement amount. Contact our team of experienced attorneys today to get the justice you deserve!
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