How to Change Lawyers During a Personal Injury Case in NY

The importance of having the right lawyer representing you during your personal injury case in New York cannot be overstated. Your attorney’s decisions throughout the case can easily affect how much compensation you receive — or even whether you receive money at all. 

Typically, you will keep the same lawyer throughout the entire process. But what happens if you decide that your personal injury attorney isn’t a good fit, and you want to be represented by a new one?  

Timing Matters When Changing Lawyers During a Case

According to the New York City Bar, you have the right to switch lawyers during a case, as long as you follow the proper procedures. How difficult this is to accomplish depends on at what point in the process you decide to make the change.  

Before Any Meaningful Work Has Been Done

If you have signed a contract but your lawyer has yet to do any work, switching attorneys could be relatively simple. You inform your lawyer that you wish to dispense with their services, and if they have done no work or very little work, they will likely respect your wishes without any penalties and sign a formal withdrawal letter. 

Before a Lawsuit Has Been Filed

Most lawyers do a lot of work before filing a lawsuit. For instance, your attorney may: 

• Collect and preserve evidence
• Research relevant laws
• Discuss your injuries with medical professionals
• Communicate with the insurance company and guide you through the insurance process
• Negotiate for a settlement

This could involve a substantial number of hours of work if your case is complicated. Your attorney will need to be compensated for this time, especially since your next attorney will benefit from that work. 

If you’re looking to change lawyers at this point in the process, make sure to look closely at your contract. There may be an escape clause that requires you to pay for the work completed. Depending on how much work has been done, this could be expensive. 

After a Lawsuit Has Been Filed

This is often the most difficult time to switch attorneys. At this point, your lawyer can’t just sign a formal withdrawal letter to stop representing you. The court also has to be informed and approve of the change. 

While most judges would prefer that you be represented by the attorney of your choosing, they also typically don’t want disruptions to their cases. If the judge believes you are switching lawyers just to delay the case or to manipulate the legal system, they may not approve the switch or may penalize your case in some way. 

Furthermore, by the time a lawsuit has been filed, your lawyer has absorbed significant costs. They will have paid some court fees and have handled all of the pre-lawsuit work. Contractually, you are likely responsible for a considerable amount of compensation for that attorney. 

Splitting Fees

Sometimes, instead of having you pay a penalty for switching attorneys, your new lawyer and your previous lawyer may agree to split fees. This is usually possible if the attorneys have a working relationship. For example, if you are switching to another lawyer in the same firm, this change might be relatively easy to accommodate. 

Should You Change Lawyers in Your Case?

If you have an issue with your personal injury lawyer, it is usually worth trying to resolve the problem with them in some other way. For example, if your problem is that you feel out of the loop, talk to your attorney about communicating better. 

If the problem isn’t easy to solve, you may consider accepting a settlement that is slightly less than what you hoped for. This isn’t necessarily optimal, but it ends your relationship with the attorney and avoids the costs involved with breaking the contract. The penalties for breaking a contract can greatly reduce your settlement. 

Finally, you might try to find a third party to act as a middleman. This could cost you money, especially if you hire a professional, but it may be cheaper than breaking your contract. 

Find the Right Personal Injury Lawyer Today

The right representation can make all the difference in both the outcome of a case and the journey along the way. Are you worried that the wrong lawyer is representing you in your personal injury case? The knowledgeable team at Silberstein and Miklos may be able to help. Call 1-877-ASK4SAM or reach out to us online to learn more today.