Can You Change Personal Injury Lawyers Mid Case

Jul 10, 2018
McDonald Injury Law

A client has a right to change personal injury lawyers at any point during their personal injury case. Many people who have suffered a personal injury find themselves frustrated dealing with insurance companies and trying to get a fair settlement. When you hire a lawyer, you basically put your trust and life in that person’s hands, it is critical that the attorney working for you is someone you trust. If you are not happy with your current lawyer, you should consider hiring a new lawyer immediately. The actions you take during your case have an impact with your dealings with insurance companies and lawyers, so it’s important that you know what to do.

How to Hire A New Lawyer

When you make your decision to fire your personal injury lawyer, there are steps you can take to minimalize potential conflicts. In most cases, attorneys handle personal injury claims on a contingency basis. This means your attorney pays all upfront costs and subtracts their expenses and fees from your settlement. When you change attorneys, your new lawyer will typically be required to share his fee with the first lawyer. In some cases, your new lawyer may be able to negotiate a lower payment with your first attorney. You will need to discuss this with your lawyer to understand how much you will owe your first attorney. Once you find a new lawyer write a formal letter to your original personal injury attorney explaining that you are terminating the client attorney relationship, in the letter include:

  1. A request that your attorney provide all your case files to you or your new attorney.
  2. Contact information of your new attorney, including address, fax number, and email address.
  3. A request for an itemization of any costs advanced on your behalf.

If your case is waiting to go court, you must notify the court of the withdrawal or substitution of counsel. Your attorney may have the right to hold your case files until you pay any costs owed to the attorney. The attorney is also entitled to file a small claims action against you if you do not pay your balance.

We Can Help

We believe that having an aggressive law firm on your side can make all the difference. You should have an attorney on your side. Personal injury lawyers have a lot of experience dealing with insurance companies and business owners and will work hard to protect your interests. If you’ve been injured, contact Geoff McDonald and Associates for a free, no-obligation evaluation of your case at