If you suffered injuries from an accident caused by someone else, it’s a good idea to speak with a lawyer right away. A personal injury attorney can help you file a claim against the other party if they are partly or fully liable for your injuries.
While you can do this on your own, there are many details that the average person is unaware of when it comes to the legal process. That’s why it’s beneficial to have a lawyer who can gather the relevant evidence, put together a compelling claim, and handle all communications with the insurance company. A lawyer can also fight for the highest possible settlement – if they have the necessary skills, experience, and resources.
As someone reading this article, it’s likely that you sought out an attorney in your area to help you sue the negligent party. Some people hire a lawyer right away, while others carefully consider their options after speaking with multiple accident injury attorneys. Regardless of the approach, it’s possible that you ended up with an incompetent or apathetic lawyer, who is unable to give you the time and attention you deserve.
Whether you hurt yourself in a slip and fall, car crash, or an incident at work, those who are unhappy with their legal representative may be asking themselves:
- Am I allowed to change lawyers in the middle of a case?
- What are the laws in California regarding change of counsel if you have a pending lawsuit?
- How do I fire my attorney and find someone else to handle my personal injury claim?
If you are dissatisfied with your current lawyer, it may be of benefit to find another law firm to represent you. Our law firm is committed to injury victims and their loved ones, and we have decades of experience in personal injury lawsuits. We are more than happy to evaluate your case and help you decide if moving on to another attorney is the right thing to do. Simply reach out to us at your earliest convenience and schedule a free second opinion.
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What Should I Look for in an Attorney?
Frankly, switching lawyers is not something you should do without carefully considering the reasons and how the change will affect your case. It’s possible that your rush to find a lawyer didn’t leave you in the right frame of mind to consider what you should look for in a legal representative. Whether you have yet to find a law firm or want to find someone else to represent you, it’s essential to understand the qualifications that define a good personal injury attorney:
- Knowledge and Experience – clearly, an extensive body of knowledge and experience is crucial to your success if you are pursuing a claim for monetary damages. Thus, you should pick a lawyer that has a solid track record of handling cases that are similar to yours. Along with the type of accident (slip and fall, motorcycle accident, falling object, etc.), your lawyer should be knowledgeable about the physical and emotional injuries that you are dealing with.
- Empathy – your lawyer should be understanding and compassionate, and this is a quality that comes from within. But words mean nothing without actions, meaning that a good lawyer is invested in making progress with your claim and securing a fair settlement amount.
- Communication Skills – not everyone is an effective communicator, especially when dealing with sensitive subjects or breaking down complex legal issues in a way that the average person can understand. Breakdowns in communication or differing communication skills can certainly get in the way of achieving the results you want.
- Availability – whoever you hire to represent you should be there to help with questions and concerns, even if they are balancing other cases at the same time as yours. If you are not getting timely responses to your phone calls and emails (or no response at all), it’s likely to have an effect on how your claim is resolved.
So, what do the issues mentioned above have to do with finding a new lawyer? Generally, those who wish to fire their attorney are having problems in one or more of these categories. If you have spoken out about your concerns to your lawyer and there is little to no improvement, it may be time to consider the option of switching attorneys on a personal injury case.
California Laws on Switching Attorneys
The California legal system has regulations on changing lawyers while an injury claim or lawsuit is pending. The most relevant information is included in California’s Code of Civil Procedures 284 and 285. CCP 284 establishes that a lawyer can be changed at any time, and this can be at the request of the client or the attorney, or it can happen through a court order. According to CCP 285, the termination of representation must be done in writing, meaning that written notice is served to all the involved parties, including the court system.
If you would like to learn more about the laws that impact your right to find a new personal injury lawyer, don’t hesitate to give us a call.
The Importance of Your Retainer Agreement
The issue of firing a lawyer involves many considerations, including the retainer agreement with your personal injury attorney. Your right to find a new lawyer is absolute, whether you paid a retainer upfront or agreed to pay a portion of the payment recovered at the end of your lawsuit. No matter the arrangement, your contact should include a retainer agreement. This section will contain information about what happens if you choose to dismiss your lawyer.
You may find that there are fees associated with the process of firing your attorney, even if you hired them on contingency. After all, they have done a certain amount of work on your case and need payment for those services if you move on to another personal injury lawyer. Under a contingency agreement, your new lawyer should be able to work out a payment agreement with the old attorney. This way, they receive a certain portion of the recovered settlement instead of demanding the money upfront.
A lawyer at our office can go over the terms of your retainer agreement and advise you on the best way to proceed.
Switching Personal Injury Attorneys – Where Do I Start?
It’s understandable if you are feeling overwhelmed by the prospect of finding a new lawyer if you are not happy with the one who is currently handling your case. The question of where to start is likely to be on your mind, and perhaps you are tempted to fire your attorney right away. After all, you probably have a lot of resentments and don’t want any further delays or damage to your case if you continue to leave your lawsuit in their hands.
However, the better course of action is to find a new attorney to take over your accident claim. This can be done by contacting law firms that specialize in your type of accident and scheduling a time to speak with their legal team.
Here at Normandie, we have a proud tradition of offering free consultations to accident victims. That way, you can talk about your options and the pros and cons of leaving your current law firm. You may also discover crucial information about your case that your lawyer overlooked or failed to act on. Our goal is to leave the decision in your hands, so transferring your case to us is completely up to you. If you ultimately choose to hire us, we will take care of all the paperwork and legal procedures with your current lawyer. But even if you decide to keep your current attorney, the second opinion is completely free of charge, so you have nothing to lose.
The Accident Injury Lawyers of Normandie
Normandie Law Firm has a dedicated team of legal experts with a proven track record of recovered settlements and trial verdicts. If you or someone you know has doubts about their attorney, this is not a problem that should be ignored. To ensure that you are represented by a competent attorney, please take a moment to contact tour law firm.
Aside from a free second opinion consultation, we also protect all clients with the Zero Fee Guarantee. This is a contingency agreement that takes the burden of legal fees off your shoulders. Rather than charging you upfront, we ask the defendant to pay for all legal expenses. This payment can only be issued as a part of your settlement, so either we get paid by wining your case, or we make nothing at all.
Contact our law firm today for a free consultation if you have questions and concerns about finding a new personal injury lawyer.
