Can I Switch My Car Accident Lawyer in the Middle of a Case?

5-7 minute read | Published: March 28, 2024 | Updated: April 17, 2024

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lawyer disagreement

If you’re not happy with your current lawyer, you may be considering finding a new one.

It happens.

Personalities don’t click or you discovered you cannot trust your lawyer.

Reasons Why You Should Find Another Lawyer

Here are warning signs that indicate the need to switch:

1. Your lawyer is always unreachable.

Lawyers are busy all the time but a good one understands the need for clients to be updated on a regular basis about their case. Even if they cannot respond to a call or email immediately, they should reach out as soon as they can or at least have their assistant or paralegal get in touch with you.

2. Your lawyer does not care for your concerns.

No matter what the situation may be, your attorney should be willing to listen to your concerns and treat you with basic respect.

3. Your case has stalled without explanation.

Car accident cases can take months or even years to resolve, but your lawyer should be able to give you a clear reason for the delay. If they cannot tell you why it has stalled, it may be a sign that they encountered problems they have no idea on how to fix.

Lawyer cant solve problem

4. Your lawyer is rushing to accept the first settlement offer.

Most car accident cases are resolved through insurance settlements. However, if your lawyer tells you to accept the insurance company’s first settlement offer, then this could mean that they either do not have the skills and expertise to get you a better offer or they do not care about your case’s outcome.

5. You are not on the same page.

It’s a red flag if your lawyer is pursuing a strategy that you don’t agree with. Moreover, if you cannot get along or find yourself disagreeing all the time, then it may be time to find a new lawyer.

lawyer interview

So Can You Switch Lawyers in the Middle of a Case?

Yes, absolutely. You have the option to change lawyers during your case. Your current lawyer may warn you about the potential financial implications if you switch mid-case so be sure to understand all charges and review the final detailed accounting.

If you decide to switch attorneys, your previous lawyer may have a claim to part of any settlement you receive. This amount could be covered by your new lawyer or deducted from your settlement.

lawyer you can trust

There are implications for sure but if you’re unhappy with your current lawyer, switching may lead to a better outcome for you financially.

There are some situations where switching lawyers may not be possible:

  • If it would cause delays to the case, the judge might deny your request.
  • If there’s a conflict of interest with the new lawyer, such as if they have inside knowledge of the other parties involved.

Apart from these scenarios, changing auto accident attorneys should generally not pose any major issues.

Will Changing to a New Car Accident Attorney Hurt Your Case?

Changing to a new car accident attorney shouldn’t hurt your case, especially if it means finding someone you’re comfortable working with. In fact, waiting too long to change lawyers could potentially harm your case more than the switch itself.

To make sure the transition is smooth and your interests are protected, follow these steps:

Step 1

Find a new attorney that you are confident with in representing you.

Step 2

Once you’ve chosen a new attorney and discussed the switch, you need to sign a new retainer agreement with them.

Step 3

Your new attorney will handle the paperwork, including submitting a “Consent to Change Attorney” form to the court and sending a “stop work” letter to your current lawyer.

changing lawyer agreement

Step 4

Provide your new lawyer with all relevant information and documents related to your case.

Before Finding a New Lawyer…

If you are unhappy with your lawyer’s services, talk with them first to try to work it out. This way, misunderstandings can be cleared up and you can continue working on the case.

But if you are still having problems, then by all means end your lawyer-client relationship. We recommend having a new lawyer lined up already before switching so that your case does not get delayed and prepared your questions for the case.

Explore common car accident FAQs: insurance claims, legal rights, and safety tips to navigate post-collision situations effectively.

Category: Your Legal Rights