When Is It Too Late to Change Lawyers?

If you hired a personal injury attorney and are questioning whether they are actually qualified to handle your case, you are not alone. Many clients will start with simple claims, like fender benders or minor crashes, and assume that any lawyer can take on such legal matters. But with new issues arising, such as the discovery of surveillance camera footage or disputes over comparative negligence, they will soon begin to realize that their case is more complicated than it seemed.

The good news, however, is that in most situations, it is not too late to make changes. This may apply during the beginning stages of your lawsuit or when you are approaching trial. It is often worth exploring your options to find someone who is qualified to take over. But, this will require you to understand when and how to switch attorneys, and the significant impact it can make with the direction of your case and its outcome.

Is It Ever Too Late to Change Lawyers?

It is rarely too late to fire lawyers. But, timing could affect your case. You do have the right to switch at any point during the lawsuit. However, if you decide to fire your attorney at the very last minute, like right before a court date, a judge could deny the change if it triggers unnecessary delays or obstructs legal proceedings. That said, if you are not satisfied with your current attorney, it is worth exploring other options, even in the middle of a case. An experienced, new attorney can provide the support you deserve to help you make a smooth transition.

How Do You Know You Have a Bad Lawyer?

There are several red flags that can indicate a bad lawyer. This includes the following:

• Lack of communication: They do not return your calls or messages, or fail to keep you updated on the status of your case.
• Unpreparedness: Your attorney is unfamiliar with the facts of your case or is missing critical deadlines.
• Disorganization: Your documents were lost or misplaced, meetings are missed, or court appearances are drawing near with no preparation.
• Dishonesty: They promised or guaranteed unrealistic results or pressured you into questionable decisions.
• Billing Issues: You were given vague invoices with charges you are unaware of or do not understand.

If you feel lost or neglected, maybe it is time to seek a second opinion. A good lawyer should be able to keep you up-to-date, thoroughly explain your legal rights and options, and advocate for you with professionalism and commitment.

Can I Change My Lawyer Anytime?

If your first attorney failed to deliver adequate communication, efficient legal strategies, make any notable progress, changing them would be the best step to take. You can typically do this at any time, but it could involve additional costs, delays, or the need for court approval in some cases. Be sure to review your retainer agreement for any termination clauses that highlight notice requirements or refund policies, and consider timing before finalizing the decision to change attorneys.

When Should I Change My Lawyer?

Knowing when you should change your lawyer is important. This especially applies if you are not fond of the legal representation you have been receiving. Below are some signs you should look out for.

Bad Communication

If you start to notice your lawyer is constantly ignoring your phone calls, does not respond to emails, or fails to keep you up-to-date with what is going on with your case, take all of this as a major red flag. You deserve an attorney who values your time, communicates with you clearly, and keeps you in the loop about what is happening.

Delays

Unexplained delays is another valid concern. Missed deadlines, constant rescheduling, or lack of progress can significantly impact your personal injury case. These issues can demonstrate how your lawyer is disorganized or is not giving enough attention to your situation. If this persists, it can ultimately ruin your ability to recover fair compensation.

Unreliable

If you are starting to second-guess the advice or decisions being pushed on you and it does not align with your objectives, it is worth re-evaluating the relationship. Your lawyer should be someone you trust to keep your case in good hands, not someone who is making you feel uneasy throughout the duration of the lawsuit.

Unreadiness

It is a big problem if your attorney cannot prepare themselves for legal matters. For instance, if they show up to court without evaluating your case files, forget important facts, or make critical mistakes, a lack of preparation could result in serious consequences. Competent legal representation often involves the readiness to face hearings, properly handle settlement negotiations, and take on unexpected events effectively.

Ethical Concerns

If you suspect that you may be getting charged more than what you agreed to or are dealing with dishonest behavior, you should think about ending the attorney-client relationship immediately. Your lawyer has a legal duty to act ethically and in your best interest. If they break your trust, protecting yourself may require you to have them reported to the state bar, or seek the right representation from a new attorney.

What Happens if I Switch Lawyers?

If you decide to switch lawyers, your new counsel will step in to take over your case and manage the transition process. First and foremost, you will need to contact your old lawyer and request important case files and documentation to be sent to you. Now, you may be thinking, “Am I starting all over?” The answer is, you are not. Your current attorney will pick up where the other one left off.

Your former attorney is required to provide the information requested, even if there are outstanding fees. But, you may still be responsible for paying them for any work they have already completed. Be sure to evaluate your original fee agreement to learn what you might have to owe them.

When hiring another lawyer, you will need to typically sign a new retainer agreement and potentially pay a new deposit. It is also standard procedure for the previous lawyer to file a “Substitution of Attorney” with the court if you still have an ongoing case. This will notify them and the opposing party about the changes made with legal representation.

Although making the switch can cause a temporary disruption, it may be the right move to take if your attorney’s performance is underwhelming. The right one can make you feel more confident and comfortable. There should be no doubt that they are incapable of delivering results that would be in your best interests.

Is Changing Lawyers a Delay Tactic?

Changing lawyers can be a delay tactic, but not always. Some people will try to switch late into the case to delay legal proceedings, especially if they are hoping to buy more time for being unprepared. Courts are aware of this strategy and can deny last-minute requests if it seems like a delay tactic rather than a valid need to seek new legal counsel.

With that being said, changing lawyers is not automatically deemed as suspicious behavior. If you have a legitimate reason for doing this, the court will generally allow it to proceed, as long as it does not unfairly obstruct the legal process.

Is It Expensive to Change Lawyers?

Changing lawyers can be expensive, but the cost will largely depend on your case and what its current status is. If you are working with an attorney on an hourly bill agreement, you will still need to compensate them for the amount of time already spent. In contingency fee arrangements, which is quite common with personal injury cases, your former and new attorneys may need to split the final settlement.

Additional costs may include the following:

• Fees for your new attorney to evaluate and catch up with your case
• Potential delays or court rescheduling
• Dispute over unpaid legal fees or liens filed by your previous attorney

While making such a switch does not always involve a high price tag, it can bring financial and strategic consequences, particularly if you have this done during the late stages of the legal process. Always review your retainer agreement and go over potential charges before proceeding with new representation.

Can Your Lawyer Turn Against You?

The right attorney has a legal duty to represent you with loyalty and confidentiality. They should never sell you out by sharing private information to the opposing counsel without your consent. But, problems can emerge in specific situations, like:

• A conflict of interest, meaning your lawyer is representing the opposing party or someone associated with them.
• You are not providing important information or are failing to properly cooperate with your attorney.
• A strained attorney-client relationship that affects communication and reliability.

Nonetheless, if you are noticing your current lawyer is going against you or is breaching their duties, you may have the right to switch, and also have grounds to file a complaint with the state bar or pursue legal action for malpractice.

It is usually uncommon for a lawyer to behave this way towards clients. If you notice any concerning issues early on, be sure to have it addressed quickly to protect your rights. An unqualified lawyer could jeopardize your case’s outcome, so do not hesitate to find someone who is best suited to represent you.

What Is the Most Common Complaint Against a Lawyer?

The most common complaint against a lawyer is poor communication. This includes:

• Not returning calls or emails in a prompt manner
• Failing to keep clients updated on the case progress
• Inability to provide a thorough explanation of what legal options are available

This particular issue can result in frustration and mistrust, influencing a client to seek legal assistance elsewhere. All personal injury lawyers should maintain clear communication as it can be a key factor in developing a strong attorney-client relationship.

Can I Fire My Lawyer and Hire a New One?

You can absolutely fire your current lawyer and hire a new one. As the client, you are in control of what goes on with your personal injury case. If you believe your lawyer is not meeting your expectations, you are not obligated to continue working with them. Whether it is from poor communication or loss of trust, you have the right to move on.

With that said, the process of switching attorneys should be done with careful consideration, specifically if your case is active. You will need to let your prior attorney know, in writing, that you are ending the relationship. Once that has been completed, your new attorney will help you with the transfer process, and notify the court, if needed, that they will be taking over.

Keep in mind that if you are in the middle of a case, a judge may need to approve the decision, particularly if you are nearing a trial date. They will typically allow this, but could have it denied if they believe this would result in unnecessary delays or harm the legal proceedings.

In conclusion, changing lawyers is not always an easy process, especially if you are deep into your case. But, if your first attorney is not satisfying your needs or priorities, whether it is due to lack of transparency, missed deadlines, or poor legal strategies, it is entirely within your rights to seek new counsel. Knowing the options you have available and understanding the transition process will help you feel more at ease, specifically if you are paired with someone who is more in tune with your goals.

What Is It Called When You Change a Lawyer?

When you change your lawyer during an ongoing case, it is often referred to as “substituting counsel” or “substitution of attorney.” This is the formal legal process of replacing one attorney with another. To make this official, your previous and current attorneys will need to sign a “Substitution of Attorney” form, which is then filed with the court. In a less formal setting, such as the early consultations or before any claims have been filed in court, it may be recognized as “switching lawyers” or “hiring new representation.” 

Can a Lawyer Drop You in the Middle of a Case?

A lawyer can drop you in the middle of a case. However, certain rules will need to be followed, especially if it has already been filed in court. They are permitted to leave, but will need to get permission by the judge to formally withdraw. Courts will usually allow it, but they will consider if doing this would harm your case, delay the process, or leave you with less time to hire someone new.

If they do approve the decision to withdraw, your old attorney will need to return your case files and any unearned portion of your retainer, if applicable. Although this may seem like a stressful process, knowing that you have the right lawyer on your side will make a world of a difference.

Can You Fire Your Lawyer and Get Your Retainer Back?

You can fire your attorney, and may be entitled to get part of your retainer back. This will depend on how much of it has already been used. Quick note, a retainer is a prepayment for legal services. It cannot be immediately refunded in full, but a portion that has not been earned by the lawyer will need to be given back to you.

For instance, if you paid a $5,000 retainer and your lawyer only performed $2,000 worth of billable work before you went ahead and ended the relationship, the untouched $3,000 should be refunded back to you. Most attorneys will monitor their time and work against the retainer balance, and they are required to have given you an itemized invoice if you request such information out of them.

The refund process will be different for each client and will be based on the terms in your fee agreement. Some retainers are “nonrefundable,” but even then, the state bar rules may limit what a lawyer can keep, particularly if little to no work was completed. If you believe you are being billed unfairly or denied a reasonable fund, you can file a fee dispute with your state bar or local fee arbitration program.

Keep in mind, there may be transition costs involved in switching lawyers. These include the time your new attorney will need to assess your situation, obtain files, and get up-to-date with your legal case. While you may receive a refund for unused retainer funds from your prior attorney, you could still be met with extra expenses during the transition process. Be sure to consider these factors before moving forward with the change.

Need a Second Opinion? Schedule a FREE Consultation with West Coast Trial Lawyers Today

If you are unsure of your current attorney, do not wait until the very last minute to make decisions. At West Coast Trial Lawyers, we offer a FREE consultation to help you understand your rights and options, while also determining what would be the best path for you to take moving forward. 

Whether you are early in your case or are nearing trial, we can step in, evaluate your situation, handle settlement negotiations with the opposing party, and ultimately provide the guidance and support needed to help you secure fair compensation.

To book an initial consultation, you can connect with us by calling (213) 927-3700 or completing our quick online contact form.