For any reason, you might consider changing lawyers. Both parties in an attorney-client relationship can break off the agreement if there are unfixable issues. It is important that you are at ease working with the personal injury lawyer managing your case.
Though you do not have to stick with your first lawyer, making a change isn't an easy process either. There are a few things you need to know about switching attorneys and how it affects your case.
How to Switch Attorneys
The first step to switching lawyers during a case is to reach out to an outside lawyer. There is no fine for contracting or consulting with a new attorney. After meeting your new lawyer, they will deliver a discharge letter to your previous lawyer. The letter cites that you have hired new legal representation and you want to stop any workings with your former law firm. It also requests that all your files be sent to the new lawyer. On receiving the discharge letter, your former attorney could accept your decision and stop any involvement in the outcome of your case.
What Happens to the Legal Fees?
Primarily, personal injury lawyers only use a contingency fee plan. Instead of making upfront payments, lawyer fees are deducted from your final settlement. After changing attorneys, your first attorney may place a lien on your personal injury case and receive payment upon your settlement. Your new lawyer negotiates this amount with your previous attorney. In this case, your former attorney will act as another provider who must be settled once you receive your settlement.
Upon ceasing any legal representation on your behalf, some lawyers relinquish their right to compensation while others don't. This will determine whether your new attorney accepts your case, so you need to have an open discussion about it. However, it is entirely up to your new and former lawyers to choose how best to share the contingency fee.
When Can't You Change Lawyers?
There are some situations when you can't change attorneys during a case. For instance, if the process delays your case, the court may disallow switching attorneys. This rule ensures that plaintiffs don't change lawyers with the intent of causing delays.
Another instance where you are unable to switch attorneys is if the new attorney poses a conflict of interest. It could be because of an existing conflict with the presiding judge or representation of the other parties. For more information about this or other aspects of personal injury attorney services, reach out to a lawyer like Franklin L. Jones, Jr.
Share21 June 2021
While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!