Switching personal injury lawyers

You can change lawyers whenever you want. The harder question is whether you should, and how to do it without hurting the case.

This page is the overview. Two parts of the switch have their own pages: what it costs and how to end the first representation. If your lawyer left you, start with your lawyer dropped your case.

Reasons people switch

• The lawyer stopped communicating.
• The case has sat for a long time with no explanation.
• You are being pushed toward a settlement you don't understand.
• The lawyer who signed you handed the file to someone junior.
• The firm does not try cases, and the other side knows it.

Some of these are fixable with a direct conversation. A lawyer who is simply busy may re-engage when you put your concerns in writing. If the problem is that the firm cannot or will not take the case to trial, that does not usually change.

More: your lawyer isn't returning your calls · being pressured to settle · your case has been pending for years.

How the handoff works

A new firm reviews the file before it agrees to take over. It is looking at where the case stands, what deadlines are pending, what work is done, and what the prior firm's lien is likely to be. If it takes the case:

• You sign a new representation agreement with the new firm.
• The prior representation ends — by letter before suit, or by a substitution of attorney if a lawsuit is on file (Code Civ. Proc., § 284).
• The complete file transfers, including correspondence, records, and expert work.
• The prior firm's lien is noted and resolved later, out of any recovery, not out of your pocket now.

Sources: Code Civ. Proc., § 284 (change or substitution of attorney); Cal. Rules of Prof. Conduct, rule 1.16(e) (return of the client's file).

What does not change

The claim is the same claim. Your filing deadline does not move. Evidence already gathered stays in the file. A switch changes who works the case, not what the case is.

Common questions

Can I switch lawyers in the middle of my case?

Yes. You have the right to change lawyers at any time, for any reason or no reason. If a lawsuit is on file, the change is made through a substitution of attorney; before suit, it is a matter of ending one agreement and signing another.

Will switching restart my case?

No. The claim, the filing date, and any work already done carry over. The new firm picks up where the file stands. Deadlines and court dates do not reset because you changed lawyers.

Will I pay more in fees if I switch?

You should not. The two firms divide one contingency fee between them based on the work each did; the client still pays a single fee. The details are on "What it costs to change lawyers mid-case."

Should I line up the new firm before I leave the old one?

Usually yes. A gap with no lawyer of record is the risky part, especially if a lawsuit is on file with pending dates.