If you’ve found yourself asking this question, then you are probably less than happy with your current auto accident attorney. Unfortunately, that can happen from time to time. Sometimes personalities don’t click or you may have found an attorney that you thought you could trust but find out later you cannot trust at all. Luckily, you have options if you want to switch lawyers during your car accident case. A client-attorney relationship is a lot more personal than people initially think.
Can you Switch Car Accident Lawyers?
Yes, you can switch auto accident lawyers in the middle of a case. Don’t let your current attorney scare you! They will likely tell you that you will owe them money if you switch to a new attorney in the middle of a case.
It’s true that if you change lawyers in the middle of a case, your previous attorney may be entitled to a lien against any settlement that you may receive at the end of your case. That lien amount will be deemed what is considered a reasonable amount for the services that the attorney rendered. That may be covered by your new personal injury attorney or it may come out of your settlement amount.
But if you are unhappy with your current auto accident attorney, you will likely make more by switching, so don’t be swayed to stay with an attorney you are uncomfortable with and could potentially earn less with.
However, if you change lawyers before a case has begun, your current attorney will likely be owed nothing.
When You Cannot Switch Lawyer or It’s Too Late?
There are some circumstances in which you cannot switch the auto accident attorney.
- If switching lawyers will cause a conflict of interest in the case in some way. It could be that your new attorney has intimate knowledge of the other parties etc.
- If switching lawyers would be too late when:
- It will delay the case, the judge may deny your request to switch. If your case is in active settlement negotiations, a new lawyer may struggle to catch up quickly, potentially affecting outcomes.
- A switch could jeopardize your case if the deadline to file a lawsuit is near. To avoid these pitfalls, act early if you’re unhappy with your representation, allowing for a smooth transition and minimizing risks.
In almost all other situations, you can switch auto accident attorneys without any issues.
Will Firing My Car Accident Attorney Ruin My Case?
No, it should not. The only thing that may ruin your case is waiting too long to find an attorney that you are comfortable working with. Finding the right attorney to work with is one of the most important things you can do to win your auto accident case.
So waiting could ruin your case far more than switching attorneys. The sooner you find a new attorney for your case, the better.
What Steps Should You Take?
Remember that your attorney relationship is based on what’s best for you so go into this situation with that in mind.
Your new attorney should do most of the work for you, so the most difficult part for you will be finding a new auto accident attorney to represent you. Follow the steps at the end of this page to find an attorney who will represent you to your liking.
Here are the 4 most important steps to follow:
Step 1: Find your new attorney.
Before you make any moves and switch auto accident attorneys, the best thing you can do is find a new attorney to represent you.
Step 2: Sign a new retainer agreement.
Once you’ve found your new attorney and discussed the switch, and you are comfortable with the new agreement, you will sign a new retainer with your new auto accident attorney. This will ensure that you will have legal representation and there will be no point in which you are not represented.
Step 3: Sign the “Consent to Change Attorney” and “Stop Work” letter
Your new attorney will then prepare 2 forms. The first is a “Consent to Change Attorney” form which they will submit to the court to tell them that you have a new lawyer. The second will be a letter to “stop work” which they will send to your current lawyer informing them they no longer represent you. They may ask you to send it personally to make it legally binding.
Step 4: Share all case detail with your new attorney
Make sure that you give your new attorney everything you have collected for your case and that you are honest with them about all the facts of your case.
For the rest of the process, let your new attorney handle the difficult ins and outs while you focus on recovery.
How To Find The Right Auto Accident Attorney
We believe there are 5 important questions to ask an auto accident attorney before you hire them. But we believe that if you are switching auto accident lawyers, then you will probably need to ask a few different questions to determine if this attorney is right for you.
We’ll summarize those questions here:
- Who can I speak with if I have questions? How long have you been with the firm?
- I was uncomfortable with my last attorney because of X… What do you think?
- Have you worked with insurance companies before?
- Will you take the case to trial if necessary?
Try to get a personal sense of the attorney and make sure you are comfortable with them. The attorney-client relationship is so important.
What Are Signs to Change Lawyers in the Middle of a Case?
Now that you know it’s possible to change personal injury lawyers in the middle of a case, let’s look at the signs that might indicate it’s time to do so. There are certain things to watch for, and when they appear, they can greatly impact how you proceed. Remember, your legal representation should work for you—not against your best interests.
Lack of Communication or Responsiveness
If your lawyer consistently fails to respond to your calls or emails, it’s a major red flag. You should not be left wondering about the status of your case or trying to decode legal jargon on your own. Consistent, clear communication is one of the cornerstones of a solid client-attorney relationship. If you feel you’re always the one reaching out, it might be time to reconsider who’s representing you.
Inadequate Case Progress
Every case moves at its own pace, but you should still be informed about progress—or lack thereof. If weeks go by without any updates or your lawyer can’t explain the next steps clearly, this could signal an issue. An attorney should actively pursue the best outcome for you, not let your case sit without reason. Any delays without an understandable explanation might warrant exploring other options.
Lack of Transparency with Fees
Confusion over fees and unexpected costs are signs of a strained client-attorney relationship. You should always know how much you’re being charged and why. If your attorney is vague about billing or suddenly presents you with costs you weren’t prepared for, it could be a sign they’re not acting in your best financial interest. A transparent fee structure should be part of any attorney’s service to you.
Discomfort with the Attorney’s Strategy
While every lawyer has their own way of navigating legal cases, you should feel comfortable and confident in your attorney’s strategy. If they push you toward decisions that don’t feel right or fail to explain the reasoning behind their approach, it might be time to seek a second opinion. Your case is yours, and the strategy should align with what’s important to you and your goals.
Feeling Unheard or Dismissed
Your voice matters in your case. If you feel like your lawyer dismisses your concerns, ignores your input, or belittles your questions, it’s a strong sign that the partnership may not be working. A good attorney will listen to your story, respect your perspective, and consider your wishes as they build your case.
Pressure to Settle Quickly
While some cases do benefit from a swift settlement, you should never feel forced into a decision. If your lawyer is pushing you to settle without a clear explanation of your options or how the settlement amount compares to what you might achieve through further negotiations, this could indicate they’re more interested in closing the case quickly than in achieving the best possible outcome for you.
A Gut Feeling That Something’s Not Right
Sometimes, the most telling sign is simply a feeling that something is off. Trust your instincts. If you’re uncomfortable, constantly worried, or just not confident in your current legal representation, it may be time to explore your options. Your case and your well-being are too important to leave to chance.
If any of these signs resonate with you, it might be the moment to find a lawyer who is truly aligned with your needs and ready to advocate for your best outcome.
Are You Ready to Switch Car Accident Lawyers?
If you are ready to switch auto accident lawyers, we believe we can help. For over 20 years, our attorneys have helped more than 30,000 people earn over $1 Billion in settlements. We have over 50 attorneys and 150 case managers. Our auto accident attorneys are here to help you get the most out of your case.
(800) 560-5059