Thinking of Changing Lawyers? Read this First
The relationship between attorney and client is, ultimately, a business arrangement. While there are serious ethical and quality of life concerns that must be considered by the legal professionals involved, ultimately they are tasked with winning the best possible result from a given client’s case. While the majority of the work required to accomplish this goal will involve external negotiations with insurance companies, over terms and concepts that an attorney will be best equipped to understand; it is also important for the attorney to keep their client informed and looked-after in the course of reaching a settlement. Without transparent communication, the client may be become understandably alienated and lose confidence in their legal representation. In short; they may choose to take their case elsewhere. For today’s Malloy law blog post, we’ll be looking at the process of changing lawyers in your personal injury case.
Can I Change Lawyers in My Personal Injury Case?
In short: you are entirely within your rights changing lawyers. If you feel:
- Your case is not being treated with appropriate seriousness.
- Your injuries are not being assessed or treated accurately.
- The communication between yourself and your attorney is not up to snuff.
Then you may wish to seek new legal representation to get your case back on track. However, this is not necessarily as simple as it sounds. A personal injury case in progress will face several obstacles when finding a new home. Let’s unpack them here.
Hurdles to New Representation
If you decide to seek new representation for your personal injury case, you may be told that you will owe your old attorney legal fees for whatever work has been done on your case thus far. This is not technically true. Though it is not entirely false. The contingency fee system common to personal injury law means that any compensation for an attorney will be paid after a case is settled. Terminating your relationship with a given attorney does not invalidate this system. However, your old attorney may have a lien on any compensation won from your case. This will entitle them to collect payment for their services after your new attorney settles your case.
The presence of a lien on any potential settlement may complicate efforts to secure new representation. If not, allow us to break it down. Think of the lien as a lowering of the ceiling on any potential compensation won from your case. This lowered potential value of the case, along with the prospect of extra work to clean up the previous attorney’s faulty casework, means that many personal injury attorneys are reticent to pick up cases already in progress. The idea that more work may be required to win compensation, and still owe part of that compensation to someone else, does not make for an appealing case.
Reasons for Optimism, and the Necessity of Changing Lawyers
The simple fact, despite these difficulties outlined above, is that changing lawyers may be the only option. If the bond of trust between attorney and client has decayed entirely, then parting may be the best route forward. Discussing in plain, sober terms the possibility of taking the case to a new attorney with one’s current representation may lead to their agreeing to waive the lien over your possible settlement monies. This will lead to a far easier path to compensation.
Keep in mind that once settled, you will often lose any possibility of winning compensation for your injury. This means that finding the best possible stewards and representatives for your case is paramount. When you are struggling with the realities of an injury, the last thing you need is to find a new attorney that will take your case. But the consequences of not taking on this task may be far more severe and long-lasting.
How Malloy Law Can Help
If you or a loved one has been injured by the negligence of another party, Malloy Law can help. Our firm is home to the DMV’s personal injury specialists and can help you plot a course to maximum compensation for your medical bills, lost wages, and pain and suffering. Whether you are seeking to open a new case or seeking a new home for a case in progress, our team will review your case free of charge and give our honest assessment. Contact Malloy Law today to get started.
