Can You Fire Your Personal Injury Lawyer? How to Switch Attorneys
Disclaimer: The information provided in this article is for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Statutes of limitations and legal rights can vary based on specific facts and circumstances. The information contained herein can change due to changes in the law. You should not rely on this information without consulting a qualified attorney about your particular situation.
If you are unhappy with your current personal injury lawyer, you are not stuck. You have the right to change attorneys — and in most contingency cases, switching does not cost you more out of pocket.
Yes, you have the right to change lawyers
Clients have the right to choose their own attorney and to change lawyers during a case. You do not need your current lawyer’s permission, and you do not have to explain yourself beyond providing written notice.
Common reasons clients switch
- Poor communication or unreturned calls.
- No visible progress on the case.
- Feeling like just a file number, not a client.
- Disagreements about strategy or case value.
Will it cost me more? How fees split between old and new lawyers
In most contingency cases, the total attorney fee stays the same. The old and new lawyers divide that single fee based on the work each performed — so you generally do not pay two full fees. Your new firm can explain how this works in your situation.
Will switching delay or hurt my case?
A well-managed transfer is usually smooth. Your file, evidence, and correspondence move to the new firm, which picks up where the last left off. In many cases, a more engaged lawyer improves the outcome rather than harming it.
How to switch in 4 steps
- Consult a new firm to confirm they will take your case.
- Sign a new representation agreement.
- The new firm notifies your old lawyer and requests your file.
- Any lien or fee-split between the firms is documented so you are not double-charged.
Questions to ask a new firm before you move
Ask how they communicate, who will handle your case, their experience with similar claims, and how the fee split with your prior lawyer will work. A good firm answers these clearly.
Frequently Asked Questions
Can I change my personal injury lawyer?
Yes. You have the right to switch attorneys at any point in your case, without needing your current lawyer’s permission.
Does it cost money to switch attorneys?
In most contingency cases, no extra out-of-pocket cost. The single attorney fee is split between the old and new lawyers based on the work performed.
Will changing lawyers delay my case?
Usually only briefly. Your file transfers to the new firm, which continues the case. A more engaged lawyer can actually improve momentum.
How do I fire my personal injury lawyer?
Typically by providing written notice, often handled by your new firm, which then requests your file and coordinates the transition.
Who pays the first lawyer if I switch?
The first lawyer is generally paid out of the same contingency fee at settlement, based on the work they did, so you are not charged twice.
Talk to a San Diego Attorney — Free Consultation
Tan Ngo Law Firm helps San Diego clients with personal injury claims and related matters. Consultations are free and you pay nothing unless we win. Call 1-760-230-9562 or request a free case evaluation online.
