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Can I Switch Personal Injury Lawyers?

If you are unsatisfied with your current legal representation, you may be wondering, “can I switch personal injury lawyers?” If you’re in Illinois and need to switch legal representation for your personal injury case, you have the right to do so at any point. The outcome of your case can greatly depend on your choice of lawyer.

Frustrated and tired lawyer in his office. Can I switch personal injury lawyers

For details on when and how to switch lawyers, get in touch with Shindler & Shindler Injury Attorneys at (847) 933-4448.

Reasons to Switch Lawyers

While this decision shouldn’t be made lightly, there are valid reasons clients decide to change lawyers. From inadequate representation to affordability issues, the choice to switch lawyers can arise out of many situations. Here are some signs that it might be time for a change:

Poor Communication

Good communication is key to a successful lawyer-client relationship. It’s not just about prompt responses, but also proactivity in keeping clients informed. Attorneys should keep the lines of communication open, even if they’re busy. This is particularly important in personal injury cases, depending on how much time you have to file a personal injury claim remaining. Unfortunately, many clients are dissatisfied with their legal representation due to poor communication.

Lack of Experience

It’s crucial to have knowledgeable personal injury lawyers to effectively handle your case. Board certification and relevant experience are important factors to consider. There are certain cases personal injury lawyers handle. If your current lawyer lacks the necessary experience for your case, it’s best to seek out one who doesn’t.

Pressuring You into an Unfavorable Settlement

Attorneys who feel uneasy in the courtroom or have limited courtroom experience might encourage their clients to settle, even when the proposed settlement is not in their favor. This could stem from their inability to determine the appropriate timing to push for a better settlement or go to trial. Having experience both inside and outside the courtroom is vital in understanding this process. If your lawyer doesn’t have this experience, you might end up with an inadequate settlement.

Lack of Trust

Your attorney needs to listen to your thoughts and consider your feelings. He or she should always act ethically and take your input seriously, especially when there are multiple acceptable ways to approach a situation. According to business statistics, 68% of clients take their business elsewhere due to perceived indifference rather than poor performance.

Sometimes, a client wishes to act in a way that is not in his or her best interest. In such situations, clients should trust their attorneys, but if your lawyer is not attentive to your concerns or lacks open communication, it may be time to seek alternative representation.

You Cannot Afford Their Services

If you can’t afford your attorney, it’s best to end the representation as soon as possible. Speaking to your personal injury lawyer upfront about your finances can help with a cleaner break. Sometimes, the attorney may transfer your case to someone in their office at a lower rate. It’s important to be honest about what you can afford for the attorney to work with you.

What Are the Legal Considerations When Switching Lawyers?

If you are wondering, “Can I change lawyers in the middle of a case?” There are certain things to remember. Changing lawyers during a case can lead to delays and increased legal fees. Switching attorneys may result in setbacks due to paperwork and file transfer, as well as potential financial implications.

Possible Delay in Case Proceedings

There may be potential delays in your case proceedings when changing lawyers during a personal injury case. Transferring your case file and paperwork from your previous lawyer to your new lawyer can take some time, which may cause delays. Collaborating closely with both your previous and new attorneys is crucial to ensure a smooth transition and minimize disruptions to your case timeline.

Depending on the stage of your court case, you may require the court’s permission and a valid reason to dismiss your current lawyer. Your new lawyer may need to request the court to postpone your case temporarily to familiarize themselves with the case details. Ultimately, if your personal injury case has gone to trial, the decision to approve a trial delay rests with the judge.

Financial Implications Involved in the Process

Changing lawyers during a case can have financial implications. There may be additional costs, such as transferring your case file or a new fee agreement with the new lawyer. Discuss these financial implications in detail during your initial case consultation with the new attorney. Also, understand how changing lawyers may affect any contingency fee agreement. Evaluating the financial aspects of changing attorneys should be a key part of your decision-making process to ensure you are fully informed of any costs.

You May Have Signed an Agreement With Your Lawyer

Before parting ways with your lawyer, reviewing the engagement letter or fee agreement you may have signed with him or her is important. This document may contain instructions on how to terminate the relationship, and adhering to any specified guidelines is essential.

There are several other considerations to keep in mind when you decide to change lawyers:

  • If possible, avoid terminating your current lawyer before securing a new one. If your case is underway, the court may not permit your current lawyer to withdraw until a replacement is in place.
  • In most U.S. states, a lawyer cannot hold back your documents due to unpaid fees. However, there are certain documents that they may not be required to share. Only documents provided by you or received from others must be handed over.
  • Anticipate that your new lawyer will require time to familiarize themselves with your case, and you may be billed for this time if the new lawyer charges hourly.
  • Clients who frequently change lawyers may encounter difficulty finding new representation. Moreover, judges may be displeased if a client unnecessarily prolongs the legal process. Multiple attorney changes can be interpreted as a sign of a challenging client or one with unreasonable expectations.

Steps to Take When Switching Lawyers

If you have decided to change lawyers, there are crucial steps to follow to make sure the transition is seamless. Here are some steps to take when switching legal representation:

Find a New Lawyer

Before changing lawyers, consider finding a new lawyer that suits your needs. To make an informed decision, identify the specific legal representation you need, evaluate potential lawyers’ testimonials, case results and experience, consider their reputation, discuss costs, and ensure a good fit.

Communicate Your Decision

You must inform your lawyer in writing when you decide to terminate the lawyer-client relationship. This can be done via a letter or email. It’s important to maintain a polite and professional tone in your communication. Request that the lawyer cease work on any ongoing matters, and ask for access to your case file and important documents for yourself or your new lawyer. If requested, he or she must provide you with copies of your case file. For proof of receipt, consider sending the letter via certified or registered mail.

The first thing to specify is where your lawyer should communicate further about your case. Additionally, ask for a copy of your files, as your new lawyer may need them promptly. Clearly state at the beginning of the letter that you are ending the lawyer-client relationship, as this is the letter’s main purpose. You may also choose to include your reasons for ending the relationship, and if you’re thankful for their assistance, you can express your gratitude respectfully and formally. Finally, follow up to confirm that the lawyer received your termination notice and took the necessary steps to conclude your case and transfer any relevant paperwork.

Ensure a Smooth Transition

Switching to a new attorney can be a complicated process, but there are measures you can take to guarantee a seamless transition.

Remember the following information:

  • Share contact details. To enable smooth communication and the transfer of important documents, give your new attorney the essential contact details of your previous lawyer.
  • Arrange an initial consultation. Consult your new attorney to review your case, clarify expectations, and establish a good working relationship.
  • Transfer case files. Ask your previous attorney to promptly transfer your case files to your new lawyer to ensure consistency and avoid unnecessary delays.
  • Provide case summary. Give your new attorney a thorough case summary, including all past communication and important details.
  • Ease the transition. Help your new attorney understand your case by promptly signing an agreement and providing any necessary information or documentation.

If you feel that your current legal representative isn’t the right fit for you, it can be difficult to figure out your next steps. Contact us at Shindler & Shindler Injury Attorneys if you’re considering finding a new lawyer. We can assist you in transitioning to a new legal representative.

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Keith & Robert Shindler

Keith & Robert Shindler are partners at the personal injury law firm of Shindler & Shindler, Attorneys at Law. The brothers focus their practice on protecting the rights of injured victims throughout the Chicagoland area. They take pride in handling every case personally, and delivering top-notch legal services to the people of Illinois.

Years of Experience: More than 65 years of combined experience
Bar & Court Admissions: Active

Bar & Court Admissions: Illinois Wisconsin United State District Court, Northern District Illinois United State District Court, Central District Illinois