Can I Change My Accident Lawyer? [2023]

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A lawyer is someone on whom you can rely for fighting your case. They shouldn’t be someone who will give us pain or add our trouble. After all, the entire case winning or losing rate depends on them.

So, we just can’t take the risk of choosing the wrong one. However, it is pretty normal that our selection can get wrong or any problem may arise due to which you may feel the urge to change your lawyer.

Hence the question may arise—can I change my accident lawyer?

In short, you definitely can, but it will come with some legal formalities and limitations. Here’s what you need to know about switching your lawyer in a personal injury case:

Table of Contents

Can I change My Accident Lawyer?

Obviously, you can change your accident lawyer at any moment or phase of the case, depending on the urgency. However, switching in the mid-way comes with a bit of limitation compared to changing it at the initial level.

After all, they are the ones who started working from the scratch. So, they will definitely know more. But if they show signs of negligence or don’t work properly, it is better to change them immediately. Otherwise, you will be the sufferer.

Hence, upon facing any issue, you can change your lawyer at any time – just need to do some formalities to get things done legally.

Why Do People Change Their Lawyers in a Personal Injury Case?

There are tons of reasons why people feel the need to change their lawyers in a personal injury case. After all, without any urgency, who would like to switch their lawyers, especially during the middle of a running case? Right!

Have a look at some of the most common reasons why people mostly want to change their lawyers:

  • The lawyer doesn’t pick up calls or even return them
  • Doesn’t respond to emails
  • You want to go in one direction while the lawyer insists on doing something else
  • Their strategy and tactics don’t make any logical sense
  • Don’t seem to have or prepare any strategy even when the date is knocking at the door
  • You want to understand how things work in the legal proceedings, but they pay less attention to your interest.
  • They will pressurize you to agree to a settlement that you are not at all okay with.
  • You are getting a bad instinct for this lawyer that they are not doing their work properly with sincere dedication.
  • You are not able to trust them wholeheartedly
  • Sudden death or banishment of your lawyer

Know More: Car Injury Lawyer

How Do I Go about Changing Lawyers in a Personal Injury Case?

For switching lawyers, you must follow a series of processes to get things done legally. But what you will need to do will depend on at which stage of the case. Such as, if you have already filed your case, you have to provide a notice of substitution of counsel in this case.

This is a formal notice you have to give to the court and the other parties involved in the case. It is mainly to notify them that you are going to change your case lawyer.

However, if you haven’t formally filed a legal claim yet, then, in that case, switching lawyers is super easy. Here, you just have to tell your lawyer that you are planning on switching or have already employed a new one.

Furthermore, your new lawyer can even talk with the old lawyer regarding the switching. On the other hand, when everything gets finalized, your lawyer can also inform the insurance company and the other parties that you have a new representative who will carry the case from now on.

Steps to Take While Switching Lawyers in the Midway

The process is straightforward. You just need to do how to do things in the right way.

Go through the steps below, and you will all be good to go!

Step 1: Find a new lawyer

Before you fire your current lawyer, you must find one in line to take over the case. Otherwise, the court may not grant the switching if the case gets delayed due to your switching process. So why take the risk? Right!

Besides, having one ready beforehand will make sure that none of the important deadlines gets missed out, which is certainly one of the crucial things in every case.

Step 2: Sign a retainer

Once you find yourself a new suitable lawyer, next up, your job is to sign a retainer with your new lawyer. It will make sure that you have a legal representation now who will carry on with your case.

Step 3: Notify all parties involved in the case

Here, your new lawyer will then make a form known as “Consent to Change Lawyer.” It is a form that notifies the court, your present lawyer, insurance company, and all other parties involved that you have now changed your lawyer.

Step 4: Inform your previous lawyer

Your new lawyer will make a “Stop Work” official letter to send to your previous lawyer. It is required to let them know that they are no longer associated with working in this case. And from on, all things will be handled by the new lawyer.

Step 5: Work with the new lawyer

Lastly, make sure that you hand over all the important things related to the case to your new lawyer and are totally honest with them about all the facts of the case.

For the rest of the work, let your new lawyer handle the case in their way while you focus on your speedy recovery.

Check Also: Red Deer Personal Injury Lawyer

When I Should Not Change My Lawyer in the Middle of a Case

You may face some limitations while trying to change your lawyers in the middle of a running case. If the switching procedure affects the case to delay, then, in that case, the court may not allow you to change the lawyer.

So, if you are planning to change one, it is crucial that you hire one right away and then notify the court. The sooner you switch, the less hassle you will face. After all, the court expects less delay during the proceedings. Besides, quick action also lessens the risk of not getting the approval to switch from the court.

Do I Have the Right to Select My Own Lawyer?

Selecting your own lawyer for representing and handling your case is one of your legal rights. No one can interfere in your choosing. After all, your entire case depends on them.

So how can you just pick someone with whom you don’t have any kind of understanding, or you think will not get you a fair settlement?

To simply put, selecting your representation of your case eventually gives you control over your case. Whether your decision is right or wrong comes later on in the role play. If it’s right, your winning rate and getting a fair settlement are higher.

On the other hand, if it’s wrong, you have to live with the outcome here. Therefore, the court firmly believes that selecting your lawyer is vital to maintaining the integrity of the judicial system along with protecting your legal right.

What Should I Do Before Hiring a Lawyer?

Get the following information from the lawyer when you first see him or her, regardless of how you were referred to them. Do not be hesitant to ask about the following:

  • Has this lawyer handled situations like mine before? If yes, what is his or her history with cases like this?
  • What is the value of my case, in terms of a settlement?
  • When will I find out whether the case is resolved relatively or goes to trial?
  • If I wish to, may I arrive early? How will an early settlement impact the value of my case?
  • Who among your firm’s lawyers will be in charge of my case?
  • How long will it take me to reach someone if I wish to discuss my issue with them?

Finally, find out, what former clients of the firm and lawyers have to say about them. Examine their website for reviews or testimonials, as well as letters and emails from happy customers.

Will Firing My Lawyer Affect My Case?

Definitely not!

The only thing that may affect your case is waiting too long to find a suitable lawyer with whom you will feel comfortable working. Hence, finding the right lawyer to work with is more than necessary if you want to win your case.

Remember, waiting longer will only harm your case. The sooner you will find a new lawyer for your case, the better it will be from every angle.

Bottom Line

If you believe your relationship with your current lawyer goes wrong or are unsatisfied with their work and behaviour, you must immediately change your lawyer. Otherwise, it will only harm your case.

So, before things get out of hand, the better is you change your lawyer whenever you think that you have chosen the wrong lawyer for fighting your case. Hopefully, now you know the answer—”Can I change my accident lawyer?”

Frequently Asked Question

Have a look at the below queries in case you have anything in your mind to clarify:

Why do lawyers quit cases?

Lawyers can quit their cases for a lot of reasons. Such as if their clients deny being truthful, follow their advice, demands or instruct them to do any unethical work to mislead the court or ask for any unrealistic outcome, etc.

What should you do if your lawyer ignores you?

If your lawyer ignores you, it is certainly a red flag—you must change them. After all, if you don't have their back during the direst time, what's the point of having them in the first place.

What should you not say to a lawyer?

There are tons of things which you never say to a lawyer. For instance, the judge is unfair toward me, everyone is out to get hold of me, it's the moral values that count, I don't have any money to pay you, etc. All these kinds of things leave a negative impact on the lawyer. So, if you don't want to find yourself in such scenarios, don't say any such things to a lawyer.

Can you sue a lawyer for not doing their job?

Yes, you can sue them if you think due to their malpractice and negligence, you have suffered harm or got less than what you deserve. In other words, you can sue your lawyer for their professional negligence for not doing their properly as they should have done.

Do lawyers tell their clients to lie?

It is strictly prohibited. However, many lawyers resort to the wrong path to win the case and may tell their clients to lie. You should never resort to doing such wrongdoings. Otherwise, upon finding out, this thing will leave a negative impact on the case – ultimately costing you the case.



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