Replacing Your Accident Attorney | Firing my Personal Injury Lawyer
Many clients come to us asking to change their attorney. Whether it is because the attorney does not give them proper attention, or because they feel the claim is not being handled properly, many clients seek to replace their personal injury attorney.
Here are some things you should know about this process and how it is done.
STEP #1: Choose Wisely Selecting your personal injury attorney is important. This person will be a part of your life for the next 8 months or more so make sure you get along with them. Don’t be persuaded or pressured to sign with anyone and make sure you feel good about your selection. So many firms post unrealistic multimillion dollar awards on their website to entice calls. It is important to make sure you chose the attorney you decide to work with for the right reasons. If you feel like you made a bad decision, you can change your personal injury attorney. This process in California is relatively simple.
STEP #2: Changing Your Mind Clients change their minds for a number of reasons. This can be because they are unhappy with the way the case is going, they don’t connect with their attorney or for any other reason. You have an at will right to change your attorney at any time and for any reason. If you decide to change your attorney all you need to do is let your new attorney know of your decision.
Your new personal injury attorney will send over the necessary paperwork to have him/her discharged and will request that all of your files be transferred to their office. Under California law your former attorney has a duty to release and deliver all documents relating to your case. They are not allowed to hold hostage your documents and must release them to your newly appointed attorney. After your new attorney has access to all records and files they will take over the file and begin working the case.
Will I Owe Money to My Former Attorney?
The answer is yes, but this is subject to negotiation. You are not permitted to not pay the attorney anything. In fact if the attorney spent a considerable amount of time on the file, then they can put what is known as a lien on the file. This will allow the attorney to essentially recover for the amount of time spent on your case. Although this time is subject to negotiation and our attorneys can generally reduce any liens placed on the file. If you are considering changing your attorney for any reason contact Downtown L.A. Law for a free second opinion on your case. We will help evaluate your case and get you the settlement you deserve.
Changing Your Attorney Is Within Your Rights To Do So
There can be many reasons that you might want to change your attorney. It is not a decision that should be made lightly, but there are many situations where you will want to change your legal representation. You need to consider if your attorney has:
- Violated the contract
- Not kept you informed of the progress of the case
- Has committed some act grossly against your best interest
In these cases, there is a strong reason to consider changing your attorney. But what if you have a personality clash with your attorney? That might not be a sufficient reason for you changing your attorney. Let’s put it this way. When you booked your attorney, you and your attorney had the same personalities as you both have one month later. Then what changed between the two of you? In fact, in most cases, nothing at all has changed. You need to carefully consider who you pick as your attorney in the first instance, that is the important part of this conversation. But in the event that you must change attorneys, then yes, you need to make that change as soon as practicable.
You can call our office if you want to make a change in your legal representation. We are here for you, and can go over your case and claim with you. We will talk to you respectfully, and in a language that you are going to be able to understand. We are not going to make the process difficult for you, on the contrary, we are here to make the legal process as easy for you as possible. We can help you when you need to make a change for replacing your personal injury attorney. We will review the proper process to firing your personal injury attorney.
Getting A Second Opinion Is Easy To Do
You can also get a free second opinion regarding your legal case, when you call our law office right now. We are able to review your case and claim with you, and discuss it with you in full confidence. We can discuss your issues, questions and concerns in a confidential meeting regarding your case. Our attorneys are highly knowledgeable on all areas of law, and we will be here to go over any issues that you are having with your case or your claim for personal injuries after an accident or other injuries that have occurred.
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