If your lawyer is not handling your case appropriately or you have different views on how to move forward with your case, you should be allowed to switch lawyers. However, doing so in the middle of your case can cause some complications.
Usually, you are allowed to switch lawyers mid-case if you want to. Switching right in the middle of a hearing or trial is often difficult, and you may need the judge’s permission, as it could delay the case. However, good reasons like unethical conduct should still allow it. There are also some things you should know about when and how to switch, and what happens to legal fees.
For help with your case, call The Carrion Law firm’s New York personal injury lawyers today at (718) 841-0083.
Are You Allowed to Switch Lawyers in the Middle of a Case?
Generally speaking, you are not required to stick with a lawyer you don’t want to keep working with. As long as you are not literally in the middle of a hearing, you are generally going to be allowed to fire your lawyer and hire a new one.
Do You Need the Judge’s Permission to Switch Lawyers?
If you are in the middle of preparing for trial or actively in the middle of trial, switching lawyers will interrupt the case a bit. While your new lawyer may be able to hit the ground running and avoid any significant delays, the court will need to change the entries in their system, and the defense and court may need to send materials to the new lawyer, give them access to existing discovery documents, etc.
All in all, your new New York personal injury lawyer can typically be the one to enter their appearance and deal with the transition steps.
What Are the Valid Reasons to Switch Lawyers in an Injury Case?
You do not necessarily need a reason to change lawyers during a case. The fact that you want to change attorneys is often enough to justify it. However, if you do need to get the judge’s permission to change attorneys, having a good reason will usually help.
It should be enough that you simply have a personal reason to fire your lawyer. This could be because of their communication style, you not being happy with the way they talk to you, or simply getting bad vibes from them. Really taking the time to learn more about your lawyer in a free case review before hiring them can also help weed out these issues.
However, a stronger reason to fire a lawyer might come down to unethical, unprofessional conduct or conduct that could be considered legal malpractice. This might include things like…
- Leaking personal information about your case or otherwise violating confidentiality or privilege
- Overcharging you for services
- Undisclosed conflicts of interest
- Not keeping you updated on your case
- Not informing you about settlement offers
- Missing deadlines
- Citing cases or decisions that do not exist
- Failing to make objections.
How Do You Switch Lawyers?
If you want to get a new lawyer while you are already being represented by another lawyer, it is a good idea to line up the new lawyer first. This helps prevent delays in the case and gives you someone you can turn to for advice on how to break the news and what to do during the transition.
You and your new lawyer can talk to your old lawyer about the decision, draw up any paperwork you need, enter an appearance in court with the new lawyer, and work on any agreements as to how fees will be divided.
Do I Have to Pay for Both Lawyers if I Switch During My Case?
Usually, personal injury lawyers are paid on a contingency fee. This means that they get a portion of the winnings after your case is over, and they do not receive any money unless they win your case. However, when you cut off their services before winning, your agreement typically still entitles them to a fee.
This usually means that the new lawyer and the old lawyer will split the fee. Your agreements with each lawyer – and any agreements they draw up between themselves – will detail which lawyer gets which percentage. Typically, your new lawyer will be able to take their fee first, then they need to give a portion of it to the old lawyer.
Fees can be contentious between lawyers because they might feel like they did most of the work, then got cut out of the case right before settlement. It might also be the other way around, where your new lawyer ends up doing all the work of taking the case to trial and the old lawyer still gets half the fee.
In any case, this is a matter for the lawyers to work out, not something you need to concern yourself with as the client.
What if My Old Lawyer Won’t Turn Over My Case Records?
You are often entitled to most of the paperwork and information your lawyers have on your case, but they might not be obligated to turn over things like briefs and other work products they created for you. In the end, we will try to get everything we can from your old lawyers, but we will work to get new copies of anything they missed. We can also start from scratch on any briefs or filings we need to start anew.
How Do I Report a Bad Lawyer?
If your first lawyer was doing something unprofessional or unethical, you may report them to the New York Bar Association. There are different departments for different counties, but complaints can usually be made online. However, they cannot typically be made anonymously, as the Bar Association will need to follow up for more details and potentially hold a hearing to discipline unethical or unbecoming conduct.
The Bar Association’s investigations and self-policing of bad behavior from lawyers helps keep bad lawyers from ruining people’s cases and lives, so don’t hesitate to come forward about seriously unprofessional conduct.
Call Our Personal Injury Lawyers for Help in Your Case
If you need a free case review, call The Carrion Law Firm’s Brooklyn, NY personal injury lawyers at (718) 841-0083 to see if our services are the right fit for you.