When Can I Change Accident Lawyers During a Case in California?
California clients generally have the right to change personal injury lawyers at almost any point during a case. You do not need your current lawyer’s permission to hire a new Roseville auto collision attorney.
When You Can Change Lawyers
You can switch attorneys at any of these stages to better protect your interests:
Before a lawsuit is filed: If you’re working with a lawyer and have just started talking to them, you’re working with them on an insurance claim, or you’re preparing to file a lawsuit after unsuccessful insurance negotiations, you can still change injury lawyers in Roseville. This can delay the case and make things more complicated, but for some people, they may find this to be the best option.
During settlement negotiations: If your lawyer is actively negotiating with the defendant and their insurance company before a lawsuit has been filed, you can switch lawyers if you aren’t happy with how it’s going.
During active litigation: Once a lawsuit is filed, your lawyer is engaged in active litigation. Even though your case has progressed quite a bit, you can still decide to change lawyers here if you’d like.
Right before or during trial (usually with court approval): Once the trial has actually started, it becomes more difficult to switch attorneys, but it’s not impossible. Judges generally allow substitutions unless it disrupts a proceeding, and are especially likely to agree to this if both the client and the current attorney agree to the switch.
Common Reasons People Change Accident Lawyers
Many people in California choose to change accident lawyers for reasons related to both legal strategy and client experience.
Lack of Communication
Poor communication is probably the most common reason clients leave their first lawyer. After a serious accident, frustration can quickly build if a client is unable to reach their lawyer or get a response to emails. When someone files an accident claim, they want updates and to understand what’s going on with their case, so if this doesn’t happen, it makes sense that they might want to switch attorneys.
Disagreements About Settlement
Issues also come up during settlement negotiations. Sometimes, clients feel pressured to take a settlement offer that seems too low. It’s always up to a client whether they agree to a settlement, but if they don’t feel their attorney isn’t fighting hard enough or won’t do a good job at trial, it can feel like they don’t really have a choice.
Delays or Inactivity
Progress is important in a case. If it seems like your lawyer is not doing what they’re supposed to do – filing insurance claims, negotiating with insurance companies, or filing a lawsuit when that’s what you’ve discussed – it makes sense to want to switch legal teams.
How to Switch Lawyers in a Personal Injury Case
Switching attorneys is usually straightforward:
- Hire New Counsel: Once you decide on a new lawyer, sign a contingency fee or hourly agreement with them.
- Sign a Substitution of Attorney Form: This legal filing removes the old attorney and places the new one on the record for your case. The form is filed with the court if your matter is pending litigation.
- Case File Transfer: Your new lawyer requests your complete case file (duplicates or originals, including client communications and materials reasonably necessary for continued representation). Your first lawyer must promptly transfer these materials and generally cannot improperly withhold client materials solely because of a fee dispute.
- Ongoing Representation: Your case work resumes after this process is complete, sometimes with a slight delay as the new lawyer reviews and becomes familiar with your matter.
If you want to switch lawyers, you generally have the right to do so, and the process shouldn’t be overly burdensome or confusing.
What Happens With Fees When You Change Lawyers?
If you change accident lawyers in California, you won’t pay double legal fees. Only one contingency fee (the agreed-upon percentage) is collected from any settlement or verdict. The old and new lawyers will share that fee, based on work done, according to their own agreements. You typically do not need to pay anything out-of-pocket to your previous lawyer.
If you’re thinking about changing lawyers, reach out to a new California personal injury lawyer for a consultation. Our team offers free initial meetings and will explain the process to you and help you move forward.