Your personal injury attorney could make the difference between disappointment and a positive outcome. However, many clients lack the legal background or experience to know when their lawyer may not be performing at their peak. Unfortunately, they might not find out until the end of the case that their personal injury attorney underperformed and failed to secure what they needed.
Clients also fear that changing lawyers in the middle of a case might put them at a disadvantage. They might not realize that both attorneys have ethical duties to ensure a smooth transition.
5 Reasons To Consider Changing Lawyers
You can often spot signs during your case that your lawyer might lack the experience, knowledge, or skills to resolve it successfully.
1. Your Personal Injury Attorney Charges Too Much
Legal fees are one of the first issues to discuss during an initial consultation. Injury attorneys usually charge a contingency fee based on the case outcome. If the lawyer wins a settlement or damage award, you pay a percentage of your compensation to the lawyer. If the lawyer cannot settle or win your case, you pay no attorney’s fees.
Lawyers can charge any reasonable percentage. For example, under Alabama’s Rules of Professional Conduct, a fee’s reasonableness depends on the following factors:
- The time and work required
- The difficulty of the legal issues
- The skills needed
- The likelihood that the lawyer must turn down other cases to represent the client
- The customary fee
- The value of the case and the results obtained
- The urgency of the case
- The lawyer’s reputation and experience
You should carefully consider the lawyer’s fees before hiring them. But if you realize their fees are too high after the case has already started, you still have time to change lawyers before the end of the case.
2. Your Personal Injury Lawyer Confuses You
One of a lawyer’s primary roles is to communicate. Specifically, nearly every injury case will require the following communications:
- Providing legal advice to a client
- Discussing the client’s injuries with their doctor
- Explaining liability and losses to a claims adjuster
- Negotiating a settlement with an insurance lawyer or claims adjuster
- Arguing before a judge
- Persuading a jury
As the lawyer-client relationship goes on, you should listen critically to the lawyer to judge their communication skills. If you have trouble following the lawyer’s reasoning or explanations, a claims adjuster, judge, or jury might feel the same way. A poor communicator could have a hard time winning or settling your case.
3. You Cannot Reach Your Injury Lawyer
Lawyers can get busy. During a trial, your lawyer might spend the morning preparing, head to the courthouse all day, and then work late into the night. If you call or email, you might not get an immediate return call. You might even receive a call from another lawyer or the law firm’s staff to answer your question or provide an update.
On the other hand, lawyers have an ethical duty to reasonably inform you about your case status and promptly respond to reasonable requests for information or updates. You should be concerned if your lawyer or their staff never responds. A lawyer who is too busy to answer your messages might be too busy to work on your case.
4. The Lawyer Isn’t Doing Anything
When you and a lawyer establish the attorney-client relationship, you entrust the lawyer to act for your benefit and on your behalf. As a result, the lawyer owes you several legal and ethical duties. The lawyer must work diligently on your case and cannot willfully neglect it.
All cases have deadlines. If a lawyer neglects your matter, you could permanently lose your right to file a lawsuit. Your lawyer should send or offer to send copies of everything they file in your case. If you feel like nothing is happening or your lawyer is not working on your case, talk to the lawyer and consider replacing them.
5. The Insurer Seems To Have the Upper Hand
As your case proceeds, you could get lost in the procedural and substantive issues. However, you can still keep track of wins and losses.
Your case will probably start with an insurance claim. Most people and businesses have liability insurance to pay the losses of any third party injured or killed due to negligence. For example, Alabama requires all vehicle owners to carry at least $25,000 per person up to $50,000 in bodily liability liability (BIL) coverage.
When your lawyer files an insurance claim, an adjuster investigates it and accepts or denies coverage. At this point in the case, you’re unlikely to receive a fair settlement. Your lawyer and the insurance company will negotiate; if these talks stall, your attorney may bring them to court.
Once your lawyer files a lawsuit, wins and losses start to count. Your lawyer may file procedural motions to limit the scope of the other party’s defenses. They could also file motions with the court to determine the evidence presented at trial. If your lawyer seems to be racking up a lot of losses, you should raise your concerns with the lawyer and start looking for a new one.
Changing Personal injury Lawyers During a Case
The earlier you replace your lawyer, the better. After filing a lawsuit, you may need the judge’s permission to replace your lawyer. At this point, changing lawyers could delay your case, but it should not put you at a legal disadvantage.
Additionally, you should consider the time your new lawyer may need to get up to speed. Although the same laws apply to all personal injury claims, the attorney needs to thoroughly understand the parties, facts, and evidence to represent you effectively.
A New Personal Injury Attorney for Your Case
If you decide to change lawyers, you should act decisively. Whether you are concerned about the lawyer’s diligence, fees, or communication skills, replacing them can often breathe new life and energy into your case by giving you a reliable teammate.
