Having effective and responsive legal counsel can significantly impact your claim’s outcome. This applies to when you’re involved in a personal injury case, especially a car accident case. Unfortunately, not every attorney-client relationship goes as planned. Sometimes you need to fire your car accident lawyer and switch attorneys mid case. However, learning how to do this effectively makes a massive difference.
If you’re experiencing poor communication, feeling unsatisfied with your current lawyer’s approach, we get it. Even if you’re concerned about their ability to secure a fair settlement, you might be considering switching attorneys. Here’s a detailed guide on how to fire your car accident lawyer and switch attorneys mid-case.
Understanding When to Switch Lawyers Mid-Case
Switching lawyers mid-case is a significant decision, but it may be necessary when facing specific issues:
Poor Communication:
If phone calls go unanswered, emails ignored, or you’re consistently left wondering about your case. It also includes the status of your claim. Moreover, your current attorney might not be fulfilling their professional responsibilities.
- Inexperience with Personal Injury Cases: Car accident cases or motorcycle accidents often involve serious injuries. Similarly, it can include complexities that require extensive knowledge of Texas law and personal injury procedures. If your lawyer lacks specialized experience, your case might suffer.
- Conflicts and Professional Relationship Issues: Sometimes, personality conflicts or disagreements about case strategies can lead to a breakdown. This can also impact your attorney-client relationship.
For example, suppose your existing attorney is hesitant or unable to adequately handle negotiations with an insurance company or is repeatedly missing critical filing deadlines, risking your entire personal injury claim. In that case, it’s within your legal rights to seek new counsel to move your case forward effectively.
Common Mistakes Clients Make When Switching Lawyers
One frequent mistake when deciding to change attorneys is failing to formally terminate the relationship with your previous lawyer, leaving attorneys in the middle and causing confusion in your legal representation. Simply stopping communication or moving to a different attorney without informing your old attorney can create additional complications, such as disputes over outstanding fees or attorney liens.
Another Mistake
Another error is not thoroughly reviewing your contingency fee agreement with your original lawyer. Typically, personal injury attorneys work on a contingency fee basis, meaning the attorney receives payment only if they win your case. However, when you switch attorneys, the previous attorney may still claim a right to fees incurred for work completed.
How to Fire Your Car Accident Lawyer and Switch Attorneys
Step 1: Review Your Contract
Before taking any action, carefully review the fee agreement you signed with your first lawyer. Pay close attention to any clauses related to terminating your attorney-client relationship, attorney liens, and outstanding fees.
Step 2: Find a New Attorney
Seek a new attorney with proven experience representing clients in similar car accident lawsuits. Your new attorney should offer a free consultation and have a clear contingency fee structure. Ensure they have extensive knowledge about handling claims involving severe injuries, negotiating effectively with insurance companies, and securing fair settlements.
Step 3: Inform Your Current Attorney in Writing
Formally terminate your contract with your current lawyer using certified mail. Clearly state that you’re ending your attorney-client relationship and request your file to be forwarded to your new lawyer. Maintaining professionalism helps prevent misunderstandings and potential conflicts over attorney liens or outstanding fees.
Step 4: Notify the Court (if necessary)
If your car accident lawsuit is already filed in court, you’ll likely need your new counsel to submit a formal notice indicating a change of representation. Your new attorney will typically handle this step, ensuring all procedural requirements under Texas law are met.
Step 5: Clarify Payment Responsibilities
Discuss with your new attorney how fees will be structured, including how the former lawyer’s claim for fees (if any) will be resolved. Often, your new attorney can negotiate directly with your previous attorney regarding the division of fees, keeping you from being stuck between lawyers in the middle of financial disputes.
The Benefits of Switching to a More Qualified Attorney
Switching lawyers mid-case, although seemingly stressful, can significantly benefit your personal injury case. For instance, suppose your previous attorney lacked specific experience handling complex car accident or motorcycle accident injuries, such as traumatic brain injuries or spinal cord injuries.
In such a case, engaging a different attorney with proven expertise can substantially improve your chances of achieving a favorable outcome.
Your new lawyer’s extensive knowledge and proactive legal strategy can transform your claim’s trajectory, ensuring essential filing deadlines are met and communication is consistently clear.
Better representation often results in higher settlements or judgments, especially when dealing with resistant insurance companies. Moreover, lawyers can help you take the right steps right after a car accident scenario.
Legal Considerations Under Texas Law Specifically
Under Texas law, you have the absolute right to change attorneys mid-case. No court or lawyer can force you to continue a relationship that isn’t working in your best interest. However, Texas law also acknowledges attorney liens, protecting lawyers who have previously represented you.
This means your former lawyer may be entitled to compensation for their services from any settlement or judgment you eventually obtain.
Examples of Successfully Switching Attorneys Mid-Case
Consider the case of John, who experienced significant frustration due to his old attorney’s poor communication and slow handling of his car accident claim involving severe injuries.
After repeatedly unreturned phone calls and missed deadlines, John consulted a new personal injury lawyer who offered clear strategies and improved communication.
Upon switching attorneys, John’s new lawyer quickly gathered crucial evidence his former lawyer had overlooked and secured a settlement nearly double the initial offer.
Short Answer: Should You Switch Lawyers?
The short answer is yes—if your current attorney isn’t adequately representing your interests, switching lawyers mid-case can be highly beneficial.
While the process may involve considerations like outstanding fees or the details of your contingency fee agreement, working with a new attorney dedicated to your case’s best interest significantly outweighs temporary complexities.
For instance, some attorneys might help you fight your case after a car accident even if you didn’t get hurt. However, that takes experience and legal exposure.
Final Thoughts
Firing your lawyer and hiring a new attorney mid-case can feel intimidating, but it doesn’t need to be complicated. By clearly understanding your rights, following the proper procedures, you can complete this process.
We also recommend carefully selecting new legal counsel with extensive knowledge and a proven track record in personal injury cases, you can confidently move your case forward toward a favorable outcome.
Find More Competent Car Accident Lawyer at BLG
If you want to fire your car accident lawyer and switch attorneys mid-case, you should look for alternatives first. We recommend contacting our car accident attorneys at Bourassa Law Group to get started.
We have the required experience and expertise for your cases, making us your best option in such situations. We’re available for consultation on one call, so, reach out to us.
Discuss Your Car Accident Case With Us Now
1-800-870-8910