Will My Lawyer Charge Me If I Fire Him in the Middle of a Case?
Have you found yourself asking this question? If so, you might be unhappy with the way that your current lawyer is handling your personal injury case. It is normal to want to explore other legal opinions and even want to change the lawyer that is representing you in the middle of a case. The act itself of changing lawyers should always be simple, but the lack of information can prevent claimants from doing what’s most appropriate for their claims and finding another lawyer; this can severely impact a case and lead to unsuccessful results.
If you are considering the possibility of changing lawyers in the middle of your case, you might have some of the following questions:
- What is California law for terminating legal representation with a lawyer or law firm? What is California law for switching a lawyer in the middle of a case?
- Do I have to pay a fee to my current lawyer if I want to switch to a new lawyer in the middle of a case?
- Can I choose to switch lawyers in the middle of any personal injury case?
At Downtown L.A. Law Group, we are ready to answer all of these questions. We are also ready to provide you with better representation and help you switch your lawyer. You can trust our personal injury lawyers to start working on your case immediately and fight for your right to the appropriate recovery possible. Do not hesitate to contact us today.
California Law Regarding Terminating RepresentationWhat does California law say about changing lawyers in the middle of a case? According to California’s Code of Civil Procedure (CCP), claimants can switch lawyers at any time during a case. CCP § 284 states that the lawyer can be changed at any time given that both the client and the lawyer consent to the change, and the motion to change is entered with the clerk and entered on the record. Also, the change can occur if the court orders it, or the client/attorney apply for the change. CCP § 285 states that there must be a written notice regarding the change of lawyer to the former lawyer.
Addressing the Most Common Question – Do I have to pay a fee to my current lawyer if I want to switch to a new attorney or law firm?Yes – if you switch lawyers in the middle of a case, you do still have to pay a fee. This is because you are still responsible for paying your former lawyer for the legal services that he or she provided. Typically, you can find terms relating to payment upon termination of representation in your legal contract. Because most personal injury lawyers work on contingency, it is most likely that you will have to pay a balance to your former lawyer only after your case settles. However, in some rare cases, the balance might need to be paid off immediately.
In general, you shouldn’t have to worry about having to pay upfront costs for deciding to find a new lawyer to represent you. Even if your former lawyer requests immediate payment for the legal services provided, it is possible that your new lawyer to cover these fees. Again, this will all depend on your legal contract and what is being asked of you upon termination.
The answer is simple. Yes – you can switch attorneys for any injury case. Of course, this includes car accident cases, defective product cases, truck accident cases, motorcycle accident cases, etc. Regardless of the specific type of personal injury case that you are pursuing, you definitely have the option to switch lawyers and get better representation.
Understanding How to Switch LawyersIn most situation, switching representation is as simple as finding a new lawyer or a new law firm that is willing to represent you and notifying the attorney/firm that you were working with previously. In fact, you will not even have to do this personally. After finding a new lawyer to take on your case, your new lawyer will help finalize the process by notifying your former lawyer and the courts. Of course, the thought of switching lawyers can daunting; however, there is nothing to be afraid of – making the switch is quite simple.
