If you are not happy with the San Francisco personal injury lawyer you’ve hired, you have the right to switch lawyers in the middle of a pending case. You can change lawyers in the middle of a lawsuit at any time, for any reason. However, there are steps you can take to help make sure the switch protects your best interests and doesn’t hurt your case.
When Is it a Good Idea to Switch Lawyers During a Case?
There are many reasons why a client might choose to discharge their current attorney and switch to a new legal representative in the middle of a case, such as:
- Little to no communication. Your attorney is difficult to get in touch with, doesn’t return your calls or emails, and doesn’t update you regularly about your case – leaving you feeling ignored.
- Disagreements on strategy. You and your lawyer fundamentally disagree on how to handle your claim or your lawyer’s strategy does not align with your goals.
- No progress. The attorney has been handling your case for multiple months with little to no progress and no explanation for the delay.
- Case errors. The law firm has made preventable mistakes, such as missed deadlines, lost paperwork or forgotten court dates.
- Inability to represent you. The attorney lacks the experience, time or resources to properly handle your case (ineffective counsel).
- Legal malpractice. There are ethical concerns or evidence of malpractice by the attorney, such as a breach of the client-attorney privilege or a conflict of interest.
Ultimately, the choice to switch attorneys rests with you as the client. You retain the legal right to dismiss your current attorney and hire a new one at any time. You are in control and the lawyer works for you – not the other way around.
Can I Switch Lawyers in the Middle of My Case?
How to Change Lawyers in California Without Hurting Your Case
You should start your research into finding a new attorney as soon as you make the decision to switch. Don’t delay. The longer you wait, the more likely it is that you may face drawbacks, such as having to pay the first attorney for work already completed on your case or your claim taking longer to resolve.
Find a lawyer who satisfies your checklist. Look for free consultations, contingency fees (no fees unless you win), years of experience in your practice area, real case results and positive client testimonials. Easy and transparent communication is also a good sign. Explain to the attorney that you are already being represented by someone else and are looking to switch lawyers.
Once you choose a new attorney, sign the retainer agreement. The law firm will handle the details of the transition for you. This includes notifying your old attorney of the change by sending them a Substitution of Attorney form and filing it with the courts. Then, your case can proceed with your new lawyer.
Don’t Settle for Less When It Comes to Your Attorney
The outcome of your personal injury case can have a major impact on your life and future. With so much at stake, don’t settle for less than you deserve. With over 50 years and more than $2 billion in settlements, no other law firm in California has won as much for its clients for as long as Jacoby & Meyers. Schedule your free case consultation today to discover how simple and rewarding switching lawyers can be.