Your Right to Change Accident Lawyers in California

Having injuries from an accident is extremely stressful. Dealing with insurance firms, medical bills, and physical therapy is overwhelming. Choosing the most qualified attorney is a great starting point towards protecting your rights and receiving proper compensation for your case of accident. But suppose you become unhappy with the lawyer you initially hired? Do you have any recourse? Most Californians wonder if they can change accident lawyers after their case has commenced. The simple reply is yes, you most definitely can.

The attorney-client relationship is founded mostly on trust, communication, and confidence. If that foundation is broken, you can change lawyers. Being aware of this right, the California process involved, and the potential consequences is significant before making the switch. This article explains your right to change legal representation for your California accident case.

 

Understanding Your Right to Choose Counsel

The right to choose your own legal representation is fundamental in the United States. California law strongly upholds this principle. Clients generally have the absolute right to hire the lawyer they prefer. Importantly, this also means you usually have the right to fire your lawyer at almost any time, for nearly any reason, or even for no reason at all.

While lawyers also have rights regarding representation, the client’s freedom to choose and change counsel is paramount. This ensures you feel confident and comfortable with the person handling your important legal matter. If you feel your current lawyer isn’t meeting your needs or expectations in your accident case, exploring a change is a valid option you possess. You have the power to change accident lawyers if necessary.

 

Common Reasons People Change Accident Lawyers

Why would someone change lawyers during the case? A number of valid reasons will create dissatisfaction. Being aware of these issues that often happen will help you judge your own circumstance. Individuals will usually change accident lawyers because of:

• Poor Communication: Your attorney infrequently makes return calls or replies to messages. You never seem to get the status on your case or the critical information. Proper communication is important, and a lack thereof is a large red flag.
• Lack of Progress: Your case seems stagnant with little progress. You suspect your lawyer is not dedicating enough time or energy to move it forward appropriately.
• Disagreement on Strategy: You tend to disagree with your lawyer’s assessment of your case value or his proposed legal approach. You might feel forced to accept a low settlement.
• Loss of Confidence or Trust: Perhaps you suspect incompetence, ethics issues, or you simply don’t feel your lawyer truly believes in your case or is fighting hard enough on your behalf.
• Personality Conflicts: While not always desirable, a harmonious working relationship is a plus. Continuous tension or being talked down to can make the process unbearable.
• Lawyer Unavailability: Your attorney can retire, leave the firm, pass away suddenly, or become so busy with other cases that they can’t give yours the attention it deserves.

If you consistently have one or more of these issues, a second opinion or even a switch might be in order.

 

The Process of Switching Attorneys Mid-Case in California

Changing lawyers during an ongoing case involves specific steps in California. While the process is usually straightforward, understanding it helps manage expectations:

1. Find and Consult New Counsel: Before firing your current lawyer, research and interview potential new attorneys. Discuss your accident case specifics, your reasons for wanting to switch, and assess if they are a better fit. Ensure they have experience with California accident claims.
2. Hire the New Lawyer: The moment you’ve chosen a new attorney, you’ll execute a written representation agreement (commonly called a retainer agreement) with him/her.
3. Notify the Old Lawyer: Your new lawyer will typically handle notifying your old lawyer for you. They will typically send a professional notice letter and, if your case is already in litigation in California, may also file a “Substitution of Attorney” document with the court. You don’t generally have to have an embarrassing firing session yourself, although good manners dictate that you send a polite firing letter.
4. Transfer the Case File: Your previous attorney has a professional duty in California to help transfer your entire case file to your new attorney in a timely fashion. This includes documents, evidence, correspondence, and investigation materials. According to the State Bar of California, attorneys must return client documents and property in a timely fashion upon termination.

In the majority of situations, especially before filing suit, authority of court is not needed. If litigation has been initiated, your new attorney is recognized by the California court by the substitution form.

 

Financial Implications: Attorney Fees and Liens When You Change Accident Lawyers

 

A major concern when switching lawyers is the cost. Most accident attorneys work on a contingency fee basis. This means they only get paid if you win your case, taking a percentage of the settlement or judgment. What happens to fees when you change accident lawyers?

• Attorney’s Lien: Your former lawyer cannot prevent you from switching in California. However, they are entitled to compensation for the reasonable value of the work they performed before being discharged. They will typically place an “attorney’s lien” on any future settlement or award you receive. This secures their right to be paid for their contribution. The value is often determined based on “quantum meruit,” a Latin term meaning “as much as he deserved.”
• New Lawyer’s Fee: Your new lawyer’s contingency fee agreement will apply to the work they perform going forward.
• Total Fees: Crucially, you generally do not pay double the contingency fee. According to Nolo, the total percentage paid in attorney fees should typically not exceed the original percentage agreed upon (or the percentage agreed upon with the new lawyer, if different). Your former and current lawyers will usually negotiate how to divide the total fee between themselves based on the work each contributed. 

Discuss fee arrangements clearly with both your potential new lawyer and, if necessary, your former lawyer to avoid misunderstandings.

 

Potential Impacts on Your Accident Case

Changing lawyers can have several effects, both good and potentially bad:

• Potential Positives: A new lawyer can provide fresh perspectives, improved communication, renewed enthusiasm, or a different style, and your claim could be settled faster or improved for you. Increased confidence in representation reduces stress.
• Possible Negatives: The transition period may cause slight delays as the new lawyer gets up to speed reading through the file. If the old lawyer-new lawyer dynamic turns adversarial (which is unprofessional but possible), it may cause tension, though this usually subsides. Switching very late in the case, on the day before trial, can be more unsettling.

More frequently, the benefits of having effective, communicative lawyers you trust far exceed any possible temporary drawbacks to making the adjustment required.

 

Considerations Before Switching Accident Lawyers

Even though you have the right to change, notice these issues first:

• Try Solution: Did you express yourself clearly to your current lawyer regarding your concerns? Sometimes communication will resolve misunderstandings or achieve some change. Give them a fair chance to get their act together before you decide to switch.
• Check Your Contract: Review your retainer agreement. While it likely won’t prevent you from dismissing your lawyer in California, understand any fee or termination provisions.
• Substantial Reasons: Ensure that your reasons for a change are substantial and substantially impact your case or attorney-client relationship. Irritations can be immaterial to initiating a plan to change accident lawyers.
• Carefully screen the New Lawyer: Don’t go from bad to worse. Research thoroughly prospective new attorneys. Read reviews, ask them about their experience with similar accident cases in California, and ensure their communication style is acceptable to you.

 

How KAASS LAW Can Help

Navigating the aftermath of an accident and dealing with legal representation can be complex. If you are located in California and feeling uncertain about your current lawyer, or if you need representation for a new accident claim, the team at KAASS LAW has extensive experience handling these matters.

We understand the importance of clear communication and dedicated advocacy. We offer expertise specifically in California Car Accident Claims and can provide a confidential evaluation of your situation. If you are considering switching attorneys or need initial representation, please Contact Us for a Free Consultation to discuss your options.

 

Conclusion: Taking Control of Your Representation

Therefore, can California accident attorneys be altered? Yes, definitely. You deserve to have an attorney whom you trust and are confident about. If your existing attorney is not working for you due to ineffective communication, stagnation, or other vital concerns, exploring a change is a reasonable step.

Understand California’s simple procedure, the implications of attorney fees (you most likely won’t pay double the amount), and how your situation might be impacted. Think twice about your selection and properly filter out any potential new lawyer. Taking matters in hand to obtain the right law advocate working hard for your interests is frequently the difference in attaining the greatest outcome on your California accident claim. Keep this option in mind if you feel that it is absolutely necessary for your peace of mind and success in your case.