Yes, you can usually switch your Carlsbad personal injury lawyer during your case in California. However, there are some important matters you should consider before making this decision.
Ability to Find a New Lawyer
The most important consideration is whether you will be able to find a new lawyer if you terminate your relationship with your current one. Handling an accident case in Carlsbad is complicated, especially when you’re dealing with painful injuries that have interrupted your life. Before terminating your current lawyer, be sure that you interview replacements and ensure that another attorney will be willing to take on your case. Other attorneys may be hesitant to take on a case that they did not have a large hand in handling, since your lawyer could have made mistakes that jeopardize the viability of the claim or that use a different legal strategy than they would have employed.
When looking for a new lawyer, try to find one with the following characteristics:
- Experience in personal injury law and your specific type of case
- A track record of success
- Good communication
- Trial experience
- Adequate resources to complete your case
- Clear information about their fee structure
- An approachable demeanor
Timing
The next important consideration is when you will make the change. Generally, the earlier you switch legal representation, the easier the transition will be. If you’re approaching a trial or your lawyer is in the middle of negotiations, making a change during this critical time could create problems and delays.
Court Approval
If a lawsuit has already been filed in your case, you may need the court’s permission to make a change.
Notifying Your Former Lawyer
Once you’ve decided to terminate your current lawyer and hire a new one, the former attorney will need to be notified. Your new lawyer can generally handle this transition on your behalf. They can send a formal notice to your previous lawyer, request your case file, and clear up any information, such as how attorney fees will be split if they win your case. This transition should be in writing to avoid any problems or confusion.
Paying Your Former Attorney
You must understand the financial responsibilities following a change in your legal representation. Personal injury lawyers usually work on a contingency-fee basis. Under this fee arrangement, lawyers take on cases without any upfront payments and receive a percentage of the compensation they recover in your case.
If you change lawyers midstream, you won’t have to pay the attorneys twice. However, your new and former lawyers will need to split the fee. This will require them to determine the contributions they each made and split the percentage of the fee that you agreed to.
Review your original contract with your attorney to see how this situation is handled. Some lawyers may ask for payment at an hourly rate for the work they did on your case, rather than splitting the fee among the attorneys. Your new attorney would then need to deduct these fees when charging you the contingency fee if they win your case.
Contact the Miller & Steele Law Firm for a Free Case Review
If something is not feeling right with your current lawyer, you have the right to seek a second opinion from a qualified personal injury lawyer. At the Miller & Steele Law Firm, we care about our clients and their satisfaction with our services. Call us today for a free, no-obligation consultation.