How Do I Switch Lawyers If I’m Unhappy With My Current One?

You hired a car accident lawyer with high hopes, but as the months have passed, you’ve grown increasingly frustrated. Your calls aren’t being returned, you feel left in the dark about the status of your case, or you simply don’t feel that your attorney is fighting for you with the passion you expected. Now you’re asking a difficult but important question: Can I switch lawyers in the middle of my case?

The answer is YES. You have the absolute right to be represented by the attorney of your choice, and that includes the right to fire your current lawyer and hire a new one if you are unhappy with their services.

While the idea of changing legal representation can seem daunting and confrontational, it is a relatively common and straightforward process in the legal world. Your case belongs to you, not to the law firm. If you have lost confidence in your current attorney, you owe it to yourself to explore your options. This guide will walk you through the reasons you might switch and the steps to take.

Useful Information for You: In a Nutshell

• Yes, You Can Switch Lawyers: You have the right to fire your attorney at any time and for almost any reason.
• Don’t Worry About Fees: You will NOT have to pay double contingency fees. Your new attorney will handle the fee-sharing arrangement with your old attorney out of the final settlement. The total percentage you pay for fees typically remains the same.
• Hire the New Lawyer FIRST: The standard process is to find and hire your new attorney before you formally fire your old one. Your new lawyer will handle the entire transition for you.
• The Process is Simple: Your new lawyer will send a letter to your old lawyer, inform them of the change, and request a complete copy of your case file.
• Valid Reasons to Switch: Common reasons include poor communication, lack of progress on your case, or a loss of trust and confidence.

Common and Valid Reasons for Changing Attorneys

The attorney-client relationship is built on trust and communication. If that foundation erodes, it can be impossible to work together effectively. Some of the most common reasons clients decide to switch lawyers include:

• Lack of Communication: Your calls and emails consistently go unanswered for long periods.
• Feeling Ignored or Unimportant: You feel like just another number, and your concerns are not being taken seriously.
• No Progress on Your Case: Months go by with no meaningful updates or forward movement on your file.
• A Personality Clash: You and your lawyer simply do not get along, and you cannot build a trusting relationship.
• Loss of Confidence: You no longer believe that your attorney has the skill, experience, or dedication to achieve the best outcome for your case.

The Step-by-Step Process for Switching Lawyers

Making a change is much simpler than most people think.

Step 1: Don’t Act Rashly. Try to Resolve the Issue First.

If your primary issue is a lack of communication, first try to schedule a formal meeting or phone call with your current attorney. Clearly and politely express your concerns. Sometimes, this can clear up a misunderstanding and get the relationship back on track.

Step 2: Research and Interview New Attorneys

If you are still unhappy, begin your search for a new lawyer. Do not fire your current lawyer yet. Use free consultations to interview other attorneys. Be upfront with them about your situation. Explain that you are already represented and why you are considering a change. The new attorney will be able to review your situation and tell you if they can take over your case.

Step 3: Hire Your New Lawyer

Once you have chosen a new attorney and signed their fee agreement, your part in the transition is essentially done. Your new lawyer will handle everything else.

Step 4: Your New Lawyer Manages the Transition

Your new law firm will send a formal letter to your old law firm informing them that you have retained new counsel. This letter will also formally request that they transfer your entire case file to the new firm. Your previous attorney is ethically and legally obligated to comply and turn over your file promptly.

How Are the Attorney’s Fees Handled?

This is the biggest worry for most people, but it shouldn’t be. You will not pay two separate, full contingency fees.

Your old attorney will place an “attorney’s lien” on your case for the reasonable value of the work they performed up to the point they were fired. When your new attorney eventually settles or wins your case, they will resolve that lien with the old firm directly from the settlement funds, according to established legal guidelines. The total percentage you pay in attorney’s fees almost always remains the same as what you originally agreed to. It is the lawyers’ responsibility to figure out how to split that fee between them.

You have the right to be represented by an attorney who you trust and who communicates with you effectively. If you are unhappy with your current representation in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. Compare profiles and reviews of other trusted local attorneys and schedule a free, confidential consultation to discuss your case and your options.

References

• Washington State Bar Association (WSBA) – RPC 1.16 – Declining or Terminating Representation:The official Rules of Professional Conduct that outline the client’s absolute right to discharge their lawyer at any time, with or without cause.

  https://www.wsba.org/for-legal-professionals/rules-of-professional-conduct/rpc-1-16

• Washington State Bar Association (WSBA) – The Attorney-Client Relationship:A consumer pamphlet from the WSBA that explains the rights and responsibilities of both parties, including what to do when problems arise.

  https://www.wsba.org/docs/default-source/news-public/publications/pamphlets/the-attorney-client-relationship-2015.pdf