Our attorneys often receive questions about changing lawyers in the middle of a car accident claim or lawsuit. Those who are unhappy with their attorney for one reason or another want to know:
- Can I change my attorney in the middle of a car accident case?
- How can I fire the lawyer that is currently handling my auto accident claim?
- How do I find a new car accident attorney to take over my case?
Hiring a new lawyer is your legal right at any point during the legal process. Even if you have filed a lawsuit and had one or more mediation meetings, it’s not too late to find a new attorney if you are seeking payment from a car accident case.
If you are dissatisfied with the lawyer or law firm that is currently representing you, don’t hesitate to contact our office. We can provide you with a free second opinion on your case, which will help you decide on whether or not to switch lawyers for an accident injury claim.
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The Benefits of Hiring a Personal Injury Lawyer
Frankly, it’s natural to wonder if there is a point to hiring a lawyer in the first place. There is no law in California that prevents you from handling a lawsuit or any other legal action on your own. However, most people have little to no familiarity with personal injury laws or the process of filing a claim. That’s why it’s easy for accident victims to make mistakes and hit a wall where it seems like no further progress can be made. This is why hiring an attorney right from the start is a good idea, or at the very least, talk to a motor vehicle injury lawyer before you choose to represent yourself against the party that harmed you.
In your search for a new or replacement attorney, make sure to look for the following qualities:
- Experience—obviously, a lawyer’s experience in cases that are similar to yours is a critical element when it comes to a lawsuit. The right car accident attorney should have a proven track of record of successful recovery over a long period of time, along with experience in both settlement negotiations and court trials.
- Communication—Do you feel like your attorney lacks empathy or an understanding of the concerns you have about your case? Are you confused when they try to explain things to you and feel like you are being misled or missing vital information? Perhaps your lawyer has poor communication skills, which is a good indicator that you may be in need of a new attorney.
- Availability—it’s unrealistic to expect immediate responses from your lawyer 24/7, as personal injury lawyers generally have multiple clients they are representing at any given time. However, they should be returning your calls, texts, and emails in a reasonable amount of time, like within 2 business days. If it’s taking a week or more to hear back from your lawyer, it’s a sign that your case is not getting the attention it deserves.
- References—it’s important to verify that your lawyer has the right level of experience, which you can do by asking for references of past verdicts and settlements on behalf of car accident victims.
- Legal Fees—the way your lawyer charges you must be explained in writing in a way that you can understand. Whether you hire an attorney on contingency or pay a retainer, there should be no confusion on the terms that have to do with your legal fees.
There may be other areas of concern that make you doubt your attorney’s commitment to you and your case. Fortunately, changing a car accident lawyer is completely up to you, no matter where you are with your claim.
Laws for Substitution of Legal Counsel in California
Under the laws in California, you have the right to fire an attorney and find a new one, even if you already filed a lawsuit. This is explained in the Code of Code of Civil Procedures 284 and 285. The request to end the working relationship can come from the client or the attorney, or it may be ordered by the court, though this fairly uncommon.
CCP 285 goes into detail about the procedures for how to change lawyers, which involves filing a notice of substitution, which is served to all the involved parties. To learn more about the legal requirements to fire a lawyer in California, contact the car accident lawyers of Normandie.
Reviewing Your Retainer Agreement
Among the documents you signed at the point of hiring your attorney, there may be a retainer agreement, which you should look over if you are thinking of moving on to another law firm. Within the retainer agreement should be a section that goes over your right to dismiss your lawyer (and your lawyer’s right to drop you as a client).
If your current lawyer is working on contingency, there may be terms about the need to pay all the fees that have accrued up until the point of termination. On the other hand, your lawyer has also agreed to wait until the recovery of your settlement before charging you attorney’s fees. Thus, if you transfer your case to another law firm, it must be determined how much the old attorney is owed once you are compensated by the defendant. We can go over this system with you in more detail to ensure that you are making an informed decision.
Switching Car Accident Attorneys
If you are having problems with your attorney for a car accident claim, you may want to fire them immediately and start over fresh with a new lawyer. However, it’s important to take a step back and consider the pros and cons of such a major decision.
First and foremost, you do not want to be without legal representation at any point once a claim is filed. This can cause interruptions and delays that can seriously compromise your lawsuit. This is why finding a new lawyer before doing anything else is the better course of action. This will ensure a smooth transition from one law firm to another and proper notification to the court system on your request to hire a new attorney.
To get the ball rolling, contact Normandie Law Firm and schedule a second opinion consultation. Meeting with us is completely free, and there is no obligation to change lawyers if you speak with us. If you decide that moving on is right for you, our legal team will handle every aspect of the transfer and ensure that you are not in violation of state laws or the contract with your current legal representative.
The Auto Accident Lawyers of Normandie
Car accidents happen on a frequent basis in all communities in California, from major cities like Los Angeles to small, farming towns in the Central Valley. As a result of being in a car crash or another motor vehicle accident, you have the right to seek compensation from the party that injured you.
Along with fighting for your interests, our law firm operates under the Zero Fee Guarantee. We promise that you will not pay a single cent of pocket when you turn to us for help with a car accident insurance claim or lawsuit. The cost of representing you is billed to the defendant and is only paid to us as a part of your settlement. So, we make $0 if we fail to win your case, and your finances are not affected no matter the outcome.
We look forward to hearing your story and bringing about the results you need and deserve. Contact us today and schedule a free second opinion on your car accident injury case.