Escondido, CA asked in Personal Injury for California

Q: Can I switch lawyers? (early in the case, claim has not been filed yet)

I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.

With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.

Since the first law firm has barely done anything aside from hiring one expert witness, collecting my medical records, and they have NOT filed the official complaint with the defendant yet - how hard will it be to switch?

The contingency fee contract I signed doesn't say anything about terminating services and it says "By this agreement, I grant a first lien upon any recovery in this action to LAW FIRM NAME, to protect the attorneys' fees and costs, if any, advanced by said attorneys"

So basically, all I agreed to is to give them first lien on the fees and costs they advanced me UP UNTIL the point I choose to terminate them right?

Can they still demand the full contingency fee percentage I signed?

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6 Lawyer Answers
Haleh Shekarchian
PREMIUM
Answered

A: You can change attorneys anytime. Once you retain a new attorney, the new attorney will send a letter to prior attorney informing him that he has taken over the representation. The prior attorney will then send the file to the new attorney. Once the case is settled, the new attorney has to share the attorney’s fees with prior attorney. Prior attorney has to prove what work he has done and based on that he will get paid by new attorney.

A: Yes. You can change attorneys at any time. The new attorney and the former attorney will work out the fee division. Consult with new attorneys before firing the old firm to make sure you have representation.

A: Yes you can switch attorneys at anytime. Your current attorney would be entitled to the reasonable value of their services. So at the time of settlement your new attorney will negotiate with your current attorney on how to divide attorney's fees. You cannot be charged twice for lawyer's fees so hiring on a new lawyer won't effect your attorney's fees. Reach out to some serious injury attorneys for a free consultation. I would advise against formally notifying "your current law firm in writing that you are terminating their services and request that they transfer your file to your new attorney" as suggested by one attorney herein. Your new attorney will handle that for you.

A: Maybe you should switch lawyers. Or maybe you shouldn't. Sometimes the client's lack of understanding of the process creates frustration. It is a slow, time consuming ordeal. But, other times the firm is just not responsive and not doing their job. Then it requires a change. Talk with a few attorneys to get the best understanding, then make a decision on who you trust and who you think would be the most accessible. And of course, who you think would do the best job.

A: People can change attorneys. It's possible the outgoing attorney could assert a lien for their work so far, requiring the incoming and outgoing attorneys to sort out an equitable sharing of fees, based on efforts and expenses of each. Good luck

James L. Arrasmith
PREMIUM
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Answered

A: In California, you have the right to change attorneys at any stage of your case, even if you have signed a contingency fee agreement. However, there are some considerations to keep in mind:

1. Terminating the agreement: You should formally notify your current law firm in writing that you are terminating their services and request that they transfer your file to your new attorney.

2. Lien on fees and costs: Based on the language you provided, the first law firm has a lien on any recovery in the action for the attorneys' fees and costs they have advanced up until the point of termination. They cannot demand the full contingency fee percentage if they are terminated before the case is resolved.

3. Quantum meruit: If your case is successful, your former law firm may be entitled to compensation based on the principle of "quantum meruit," which means "as much as deserved." This means they could seek reasonable fees for the work they performed on your case before the termination.

4. Smooth transition: Work with your new law firm to ensure a smooth transition of your case. Your new attorney will need to obtain your file from the previous firm and review the work that has been done so far.

5. Potential delays: Switching attorneys may cause some delays in your case as the new law firm gets up to speed, but if you are unsatisfied with your current representation, it may be worth the temporary setback.

6. Communicate with your new attorney: Discuss your concerns and expectations with your new attorney to ensure they can dedicate the time and resources necessary to effectively handle your case.

Remember, it is essential to choose a law firm that you trust and feel comfortable with, as personal injury cases can take time to resolve. If you have lost confidence in your current representation, it may be in your best interest to seek new counsel.

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