Can You Switch Personal Injury Lawyers?
Generally, you have the right to choose who you want to represent you in a Colorado personal injury case. That remains your right even if you are in the middle of your case. However, as with most legal matters, there are always exceptions. There may be a few situations that would limit your right to switch personal injury lawyers.
Why Do People Want to Change Personal Injury Lawyers?
There are many reasons why someone might want to change personal injury lawyers. Personal preference is one of the top reasons for switching attorneys in a personal injury case.
Other reasons include:
- The client believes the attorney is not moving the case along
- The attorney pressures the client to accept a settlement offer the client does not believe compensates them fairly for their economic and non-economic damages
- The lawyer does not return telephone calls, texts, emails, or other messages
- The client does not agree with the attorney’s strategy or the direction the personal injury case is taking
- The attorney does not appear to have any strategy for the case
- The client does not trust their lawyer
- The attorney is disbarred or has a pending disciplinary case
- An attorney refuses to explain the legal process to a client
- The client has conducted additional research and realizes the attorney is not the best lawyer for their case
Sometimes, clients may work out their differences or concerns with their Denver personal injury lawyer. Therefore, you may want to talk with your attorney before you make the decision to switch personal injury lawyers. If you cannot work the matter out to your satisfaction, you can choose a new personal injury lawyer.
How Do I Switch Personal Injury Lawyers in Denver, CO?
If you cannot resolve the matter with your lawyer, finding a new attorney as soon as possible is best. A new attorney will need as much time to become familiar with your case and develop a strategy. Your new attorney may also need to prepare and file paperwork with the court to approve the substitution of attorney.
Generally, the process for switching personal injury lawyers in Denver involves several crucial steps.
Meet With Personal Injury Lawyers
Do not fire your current lawyer until another lawyer is ready to take your case. Proceeding without an attorney could jeopardize your personal injury claim.
Do your research to find a new attorney. You must ensure that the attorney you hire is qualified to handle your case.
Typically, you want to hire a personal injury lawyer with experience handling cases like your case. The attorney should have a winning track record and a good reputation. Once you narrow your list to a few attorneys, set up consultations with each attorney. Meeting with attorneys in person is the best way to judge whether the lawyer is right for your case.
Hire a New Personal Injury Lawyer
When you choose another personal injury attorney, you will sign a retainer agreement to hire the law firm. Once you officially hire another attorney, the next step is to fire your current injury lawyer.
Firing Your Current Personal Injury Lawyer
You must notify your current attorney in writing that you are terminating your attorney-client relationship.
The letter terminating employment should include the following:
- An explanation that you are firing your attorney and have hired a new personal injury lawyer
- Your new attorney’s name and contact information
- A request to send your case file to your new lawyer
Talk with your new attorney about the letter. Most lawyers prepare and send the letter for their clients to ensure a smooth transition.
Notifying the Court
If your attorney filed a personal injury lawsuit, you must notify the court you are switching personal injury lawyers. Your new attorney will prepare a motion for substitution of counsel to submit to the court. Unless there is a legal or procedural reason to deny the request, the judge should sign the order so your new attorney can proceed.
Will I Have to Pay My Original Personal Injury Lawyer if I Switch Attorneys in the Middle of the Case?
The amount you owe your original attorney depends on several factors. It depends on the agreement you signed when you hired the attorney and the status of your case.
Many personal injury lawyers in Colorado take cases for a contingency fee. The fee is based on the amount of your personal injury settlement or jury verdict. The attorney receives a percentage of the amount they recover for your case. However, the retainer agreement may contain terms that require you to pay the attorney for their services to date if you terminate employment before the case is complete.
Your new personal injury attorney should review your current attorney’s retainer agreement and explain your payment obligations. Generally, if you have a contingency fee agreement, the old and new attorneys will not get paid unless the new attorney wins your case. However, the details are in the fine print of the retainer agreement.
Are There Situations When I Cannot Change Lawyers in My Denver Personal Injury Case?
The courts recognize a person’s right to choose their attorney. However, if switching lawyers will unduly delay your case, the court may not allow you to switch lawyers. You do not need to notify the court about switching lawyers if you have not filed a personal injury lawsuit. You only need to go through the steps to find and hire a new attorney and fire your current lawyer.
Seek Prompt Legal Advice if You Are Injured in an Accident or Other Incident in Colorado
Spending time researching Denver personal injury lawyers before you hire a lawyer can reduce the chance you may want to switch attorneys during your case. Read the attorney’s website, check online references, and meet with the attorney in person. Interview several attorneys to obtain a better understanding of what an attorney can offer regarding your personal injury case.
If you have questions about a personal injury case or changing lawyers, consult a personal injury attorney. They can review your case and offer legal advice during a free consultation. The best way to protect your rights in a personal injury case is to seek legal advice from an experienced personal injury lawyer in Denver, CO.
Contact our Denver Personal Injury Law Firm Today For Help With the Settlement Process
If you’ve been injured in an accident, contact a Colorado personal injury lawyer for help. A legal team can analyze your case and give you a personalized strategy to get the compensation you deserve.
For more information, contact Zaner Harden Personal Injury Lawyers to schedule a free initial consultation.
Zaner Harden Personal Injury Lawyers
1610 Wynkoop Street, Suite 120. Denver, CO 80202
(720) 613 9706
24/7
