8 Signs It's Time to Switch Personal Injury Lawyers

It's time to switch when your lawyer stops communicating, misses deadlines, pressures you to settle or hands your case off without asking. You can fire a lawyer at any time. ABA Model Rule 1.16(a)(3) and the state rules based on it require a lawyer to withdraw once discharged. The rule's comment says you may do so "with or without cause, subject to liability for payment for the lawyer's services."

Switching rarely means paying 2 full fees. The 8 signs below come first, then how the change works and how the first lawyer gets paid.

1. You can't get updates

Your lawyer must keep you "reasonably informed about the status of the matter" and "promptly comply with reasonable requests for information." That's Model Rule 1.4(a)(3) and (4).

One slow week isn't a breach. 3 unanswered calls and emails over 30 days, with no word from anyone at the firm, is a pattern worth raising in writing.

In Texas, the State Bar's Client-Attorney Assistance Program at 800-932-1900 will contact the lawyer for you about communication problems. Try that before you fire anyone.

2. A deadline was missed or nearly missed

A blown filing deadline can end your case. Most injury suits must be filed within 2 years in California under CCP §335.1 and in Texas under Civil Practice and Remedies Code §16.003. Our statute of limitations guide covers other states.

If a deadline has already passed, talk to a separate legal malpractice lawyer quickly. In California, a malpractice suit against a lawyer must be filed within 1 year after you discover the mistake, or 4 years after it happened, whichever comes first, under CCP §340.6.

3. You're being pressured to settle

The decision to settle is yours alone. California's Rule 1.2(a) uses the ABA's words: "A lawyer shall abide by a client's decision whether to settle a matter."

A lawyer can and should give a blunt opinion about an offer. Threats to drop you, or deadlines you didn't agree to, cross the line. California's Rule 1.4.1 also requires your lawyer to promptly tell you the amount and terms of every written settlement offer, so ask to see each one.

4. Your case was handed off without your OK

Some firms sign clients and pass the case to another firm. Under ABA Model Rule 1.5(e), lawyers in different firms may split a fee only if you agree to the arrangement, including each lawyer's share, and the agreement is confirmed in writing.

If a stranger from another firm calls to say they now handle your case, ask for that written agreement. California's Rule 1.5.1 adds that the split can't raise the total fee you pay.

5. Your lawyer has a conflict of interest

A common example is a firm that represents both you and the driver of the car you rode in. Under Model Rule 1.7, a lawyer can't represent a client whose interests are directly adverse to another client's.

Some conflicts can be waived, but only with "informed consent, confirmed in writing" from each client, under Rule 1.7(b)(4). Rule 1.7(b)(3) bars waiving a conflict where one client would sue another in the same case.

6. Nothing has moved in months

Look for concrete work, not reassurance. By the time you finish treatment, the firm should have requested your records. HIPAA gives providers 30 days, plus one 30-day extension, to respond, so records shouldn't take a year.

Ask 2 direct questions. Has a demand letter gone to the insurer, and on what date? If not, what is the firm waiting for? A vague answer 6 months after your last doctor visit is a warning sign.

7. You can't get a straight answer about money

Your fee agreement should state the percentage and how costs are handled. At the end of a contingency case, Model Rule 1.5(c) requires a written statement "showing the remittance to the client and the method of its determination."

If the lawyer won't explain charges before settlement, or costs appear that the agreement never mentioned, that's a reason to get a second opinion. Our guide to how contingency fees work shows the math you should expect to see.

8. The lawyer has public discipline you weren't told about

Check your lawyer on the state bar's website. The State Bar of Texas lists public discipline on each attorney's online profile, and California's Attorney Search shows license status and discipline.

An old private reprimand may mean little. A recent suspension for mishandling client funds is a strong reason to move your case.

How does switching lawyers work?

Hire the new lawyer first. The new firm usually sends the discharge letter and requests your file, so you don't have to confront anyone.

The first lawyer must hand over your file. Rule 1.16(d) requires "surrendering papers and property to which the client is entitled," and California's Rule 1.16(e) requires the lawyer to release client materials promptly on request.

If a lawsuit is already on file, the court must be told. In California, both lawyers sign form MC-050, Substitution of Attorney—Civil, which is served on the other parties and filed with no fee.

How does the first lawyer get paid?

In most states the first lawyer gets the reasonable value of the work done, called quantum meruit, and is paid only if you recover. California set that rule in Fracasse v. Brent (1972). Florida follows it but caps the amount at the contract fee under Rosenberg v. Levin (1982).

Texas differs. If you fire a lawyer without good cause, the lawyer may recover the contract fee from your eventual recovery. With good cause, the lawyer gets only the reasonable value of the work. The Texas Supreme Court laid out both rules, from a 1969 case, in Hoover Slovacek LLP v. Walton (2006).

The first lawyer can protect that claim with a charging lien on the settlement. New York's Judiciary Law §475 says the lien "cannot be affected by any settlement between the parties."

How do you file a bar complaint?

File with the licensing agency in the lawyer's state. A complaint can lead to discipline, but it won't recover money or fix your case.

• California: use the State Bar's online attorney complaint form. Fee disputes go to the Bar's mandatory fee arbitration program instead.
• Texas: file a grievance with the State Bar's Office of Chief Disciplinary Counsel, or call CAAP at 800-932-1900 for smaller problems.
• Florida: call the Florida Bar's Attorney/Consumer Assistance Program at 866-352-0707 before filing a formal complaint.

Other states have similar programs; see your state page, such as Texas or California.

Before you make the switch

Write down your concerns with dates, then send them to the lawyer in 1 email and give 7 to 10 days for a reply. Many problems end there.

If they don't, meet 2 new firms and ask each one 3 things. Will you pay the first lawyer's share from your fee, in writing? When is my filing deadline? How soon can you get my file? Our city rankings can help you find firms to call.