Can I Switch My Lawyer after He has Filed a Lawsuit?
Why did you make the decision to pursue a claim? You likely suffered a personal injury accident that resulted in significant harm. You could have suffered a car accident, a motorcycle accident, or a truck accident, for example. You could have also suffered a bicycle accident or a pedestrian accident. You could have experienced a slip and fall accident at a store or at a friend’s home. You could have also suffered a vicious and unexpected attack.
Whatever the case, you suffered harm that resulted in your decision to take legal action against the liable party or entity. Making the decision to file a claim is not always easy. It can also be difficult to find the lawyer equipped to handle your claim and guide you through the legal process.
Unfortunately, many people do not put much thought into the attorney that they allow to handle their personal injury claim. This can pose a problem throughout the legal process. Specifically, certain red flags might appear that could make claimants reconsider whether their current attorney can be trusted to reach a successful claim outcome.
Claimants in this situation might find themselves asking these questions:
- Can I do anything if I’m not satisfied with the way my lawyer is handling my personal injury claim?
- What are my options if I think my claim will be unsuccessful due to the incompetence of my lawyer?
- Can I change my attorney even if I’ve already started my claim?
- Can I switch my lawyer after he has filed a lawsuit?
Why should you risk the outcome of your personal injury claim because of the incompetence of your current attorney? If you are having any doubts regarding your current lawyer’s ability to successfully handle your claim, you should consider reaching out to another firm and speaking to a different lawyer.
You might benefit from switching lawyers and allowing a better-suited lawyer to handle your personal injury claim. If you are considering the possibility of switching lawyers for your accident case, do not hesitate to contact the experts at our firm as soon as possible.
At Downtown L.A. Law Group, our lawyers have many years of experience handling all sorts of claims – always representing interests of our clients. Our personal injury lawyers are committed to providing all clients with the guidance necessary to pursue a claim and recover the compensation that is owed. If you would like to discuss your claim with our clients, do not hesitate to contact our law firm today.
Common Reasons to Switch Lawyers
Why are you thinking about switching the lawyer handling your claim? There are a number of things that would make a claimant reconsider whether hiring their current attorney was the right choice and start thinking about replacing them. Some of the most common reasons that personal injury claimants switch lawyers include the following:
- The attorney lacks the necessary experience to handle the claim successfully.
- The attorney lacks the ability to understand what the client and his or her entire family is going through, resulting in the inability to fully commit to the case.
- The attorney lacks the ability to effectively communicate with the client and relay important information in a way that is clear and easy to understand.
- The attorney lacks reasonable availability; the attorney is rarely available to speak over the phone or meet in person to discuss important case details.
If any of the points mentioned above resonates with your current situation and your current lawyer, switching your attorney might be beneficial for your claim. Although you might not have noticed these issues when you initially decided to allow your current attorney to handle your claim, the discrepancies with your current lawyer and his or her ability to successfully handle your claim could become more obvious as time passes. Failing to change your lawyer could result in an unsuccessful claim outcome – you must take action to ensure the success of your claim.
The Right to Switch Lawyers based on California Law
What does California law say about switching lawyers in the middle of a case? Consider the following:
- CCP§284 – states that a lawyer can be changed at any time during the process of an injury claim. To be able to switch a lawyer, both parties – the client and the lawyer – must consent to the change, or a court order must be issed.
- CCP§285 – states that all parties should receive a written notice of the substitution of a lawyer, including the attorney being replaced and the court (if the lawsuit has already been filed)
If you would like to learn more about how your right to switch your lawyer is supported by state laws, do not hesitate to seek legal assistance at your earliest convenience. Our lawyers will help you gain a thorough understanding of your right to switch lawyers and get better representation.
Look at Your Retainer Agreement for More Information
Can you switch your lawyer in a car accident case? Yes, you can. Can you switch your lawyer in a slip and fall case? Yes, you can. You can switch your lawyer in any injury case – even if your lawyer has already filed the lawsuit. As mentioned above, your right to switch attorneys during a personal injury claim is protected by state laws. You can verify your right to switch attorneys by simply reviewing your retainer agreement.
You signed a retainer agreement when you originally hired your current lawyer. Somewhere in this agreement, you should find a discharge section. Typically, the discharge sections of retainer agreements summarize the client’s right to discharge the attorney at any time. This section includes essential information surrounding paying the lawyer after a discharge.
In most situations, lawyers get paid at the end of the legal process – after you’ve been awarded compensation for your claim, for instance. If you fire your attorney, you will be financially responsible for all legal expenses up to the point of discharge.
After the discharge of an attorney, all legal fees become immediately due. Some attorneys might place a lien on any future monetary compensation resulting from a successful claim. The attorneys not working on contingency might be willing to create payment plans to help claimants pay for their fees within a reasonable length of time.
All this information should be available in your retainer agreement. If you fail to have a thorough understanding of the terms that could apply upon discharging your attorney, you might be unpleasantly surprised after you switch lawyers. Because of that, it is always advisable to discuss these details with your lawyer prior to making any decisions.
Is the Process of Switching Attorneys Difficult?
Although many people think about switching their attorneys, many decide not to take any action to prevent dealing with the “hassle” of doing so. However, changing attorneys is far from being a hassle. If you are unhappy with your attorney and considering the possibility of discharging him or her and hiring someone else, the first thing that you should do is explore your options.
That is, you should do your research into other firms and lawyers. You should contact a number of firms and request to speak with the experts directly to ensure that they have the characteristics that you are looking for and the ability to handle your claim effectively. Most firms offer free second opinions, meaning that claimants can speak to lawyers even if they have already begun the legal process elsewhere.
Once you find an attorney that you feel confident could successfully handle your claim, simply inform them of your desire to hire them and switch out your current lawyer. Your new lawyer will send out the proper notices (to the previous attorney and to the court, if necessary) and finalize the switch.
Although it might seem daunting to fire a lawyer and hire another once a lawsuit has already been filed, it is not impossible. You have the right to competent representation, and you should do everything within your reach to ensure that the lawyer that you choose to handle your claim is equipped to guide you towards a successful outcome.
