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Can I switch or fire my personal injury lawyer?
If you are unhappy with how your personal injury case is being handled, you may be wondering whether you have the right to change attorneys. The short answer is yes. In New York, clients have the legal right to switch or fire their personal injury lawyer at virtually any stage of a case. You are not locked into a relationship that is not serving your interests, and you do not need your current lawyer's permission to make a change.
That said, switching attorneys is a decision that should be made thoughtfully. Understanding your rights, the potential costs, and the steps involved can help you protect your case and make a smooth transition.
Your Right to Choose Your Attorney
Under New York law, the relationship between a client and an attorney is built on trust and confidence. Because of this, you have an almost unconditional right to terminate that relationship. Whether your case is in its early stages or approaching settlement or trial, you can decide that another lawyer is a better fit.
This right exists even if you signed a retainer agreement. A retainer agreement governs how your lawyer is paid, but it does not force you to keep working with a lawyer you no longer trust. The decision to continue your attorney-client relationship is yours alone.
Common Reasons Clients Switch Personal Injury Lawyers
Clients in New York choose to change personal injury attorneys for many reasons. Some of the most common include:
- Poor communication. Your lawyer does not return calls or emails, or you feel left in the dark about your case.
- Lack of progress. Your case seems stalled, with little movement over months or even years.
- Disagreement about strategy. You and your attorney do not see eye to eye on how to handle settlement negotiations or whether to go to trial.
- Lack of experience. You believe your case requires a firm with more resources or specialized knowledge of injury litigation.
- Pressure to settle. Your lawyer is pushing you to accept an offer you believe undervalues your injuries.
- Loss of confidence. You simply no longer trust that your attorney is fighting for your best interests.
If any of these concerns resonate with you, it may be worth seeking a second opinion. Many New York personal injury firms offer free consultations, where another attorney can review your case and tell you whether a change makes sense.
Will Switching Lawyers Cost Me More Money?
This is one of the biggest concerns clients have, and the good news is that switching lawyers in a personal injury case usually does not cost you anything extra out of pocket.
Personal injury cases in New York are typically handled on a contingency fee basis. This means your lawyer only gets paid if you recover money, and the fee is a percentage of your recovery. When you switch attorneys, the total contingency fee generally stays the same. Your former and current attorneys divide that single fee between them based on the work each performed.
If your two lawyers cannot agree on how to divide the fee, a court can determine each attorney's share based on the time and effort they contributed to the case. Importantly, this division comes out of the attorney's portion of the recovery, not yours. You will not pay two full fees simply because you changed lawyers.
What About Costs and Expenses?
In addition to the attorney's fee, your former lawyer may have advanced costs and expenses on your behalf, such as court filing fees, expert witness fees, medical record charges, or investigation costs. Your former attorney is generally entitled to be reimbursed for these legitimate expenses out of any eventual recovery. Your new attorney will typically coordinate this so it does not require any upfront payment from you.
Attorney's Liens in New York
When you fire a personal injury lawyer in New York, that attorney may assert what is known as a charging lien under Section 475 of the New York Judiciary Law. A charging lien gives your former attorney the right to a portion of any settlement or judgment to cover the value of the legal services they provided before being discharged.
This lien protects your former lawyer's right to fair payment, but it should not prevent you from changing attorneys or pursuing your case. Your new lawyer will work with your former lawyer to resolve any lien so it does not interfere with your recovery. In most cases, the lien is satisfied when your case concludes, and it is handled entirely within the attorneys' shared fee.
How to Switch Your Personal Injury Lawyer
Changing attorneys is more straightforward than many clients expect. Here are the general steps involved:
- Consult a new attorney. Before firing your current lawyer, speak with another firm. Make sure a qualified attorney is willing to take over your case so there is no gap in representation.
- Review your retainer agreement. Understand the terms of your original agreement so you know what to expect regarding fees.
- Notify your current lawyer in writing. A clear, written notice terminating the representation creates a record of the change. Your new attorney can often handle this communication for you.
- Sign a substitution of counsel. If your case is already in litigation, a formal document called a Consent to Change Attorney is filed with the court to officially transfer the case.
- Transfer the file. Your former attorney is required to turn over your case file to your new lawyer so your case can continue without disruption.
Will Switching Lawyers Hurt My Case?
A common worry is that changing attorneys will harm or delay your case. In most situations, a well-managed transition does not damage your claim. However, timing matters. Switching lawyers on the eve of trial can create challenges, so it is best to make the change as early as possible if you have concerns.
You should also be mindful of the statute of limitations. In New York, most personal injury lawsuits must be filed within three years of the date of the accident, though different deadlines apply to certain claims, such as those involving government entities, which may require a notice of claim within ninety days. Switching attorneys does not pause these deadlines, so it is critical to act promptly and ensure your new lawyer has time to protect your filing deadlines.
Protecting Your Right to Fair Compensation
You deserve an attorney who communicates with you, respects your goals, and dedicates the necessary resources to your case. If your current lawyer is falling short, you have every right to find representation that meets your needs without sacrificing the value of your claim.
Speak With a New York Personal Injury Attorney Today
If you are considering switching or firing your personal injury lawyer, our New York firm can help you understand your options. We offer confidential consultations to review your case, explain how a transition would work, and ensure your rights are protected throughout the process. Contact us today to learn how we can take over your case and fight for the compensation you deserve.
You can contact us by phone at 212-233-1233 or by email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
