Can You Switch Personal Injury Attorneys?

You Have the Right to Change Attorneys

You can change your personal injury attorney at any time. This is your legal right. The decision to switch attorneys may come from communication problems, disagreement on strategy, lack of responsiveness, or a loss of confidence. Whatever the reason, switching attorneys is a recognized option and does not prejudice your case if done thoughtfully.

Potential Fee Implications

When you change attorneys, your original attorney may have a lien on any future recovery for the work they performed. Typically, the fee is split between the old and new attorney based on the work each performed — your total contingency fee as a percentage of recovery typically does not increase. Review your original retainer agreement and discuss fee arrangements with the new attorney before signing anything.

How to Switch Attorneys

• Review your retainer agreement for any specific termination procedures
• Notify your current attorney in writing that you are terminating the representation
• Request your complete file — you are entitled to your file and the attorney must return it
• Meet with prospective new attorneys before formally terminating to ensure you have someone ready to step in
• Sign a new retainer with your chosen attorney

Timing Considerations

Be aware of the statute of limitations for your case. If you are close to a deadline, ensure the transition happens quickly and that the new attorney is prepared to act. Changing attorneys shortly before trial is possible but adds complexity — evaluate whether the timing is worth it given your specific situation.

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