When And How To Switch Attorneys in The Midst Of A Personal Injury Case

In the handling of your personal injury case, you want the best lawyer that’s right for you. After doing consultations and settling on a law firm, you want to feel safe and secure that your case is well handled from start to finish. But it is possible for the attorney that you started out with to all of the sudden, start slipping up on the case or unveiling a different personality that you’re not pleased with. If so, you may want to consider switching lawyers in your personal injury case. Here are some facts you’ll want to know when going about this:

Is it possible to switch personal injury lawyers?
Yes it is. If you change your mind and want to switch lawyers you can change them at any stage of the case as you have the right to do so. Keep in mind though, there are some limitations on the how and when you can change lawyers and those vary from state to state so be educated on your state’s individual rules.

How can I go about this?
If you’ve already filed your court case, you need to make a “substitution of counsel.” This is a formal notice to the court and all those involved in the case that you’re changing attorneys. It’s easier to switch lawyers if you haven’t filed a claim yet. But keep in mind that you don’t need to make the notification yourself. Rather the new lawyer whom you’ve chosen to represent you can make the notice to the old lawyer, insurance company, and other parties themselves.

In what scenarios will I be unable to switch lawyers? 

One major instance in which you can’t change attorneys is when the attorney that you want to switch to has a conflict of interest in the case. That is the lawyer could have a conflict with the judge overseeing the case or works with or has worked with one of the other parties in a different capacity. But apart from that, as long as the switch doesn’t cause any delays in the case there are very few instances in which you’ll be unable to switch lawyers. That said, the earlier in the case you switch lawyers, the better as there is less risk that the court won’t approve your attempt to change attorneys.

Overall you should know it’s ok to want to switch lawyers if you’re not happy with the one you have. If you feel something isn’t right, know that you have the right to change attorneys to ensure your case is well handled.

Contact a personal injury lawyer at the Eric Roy Law Firm today for help with your case.