Can You Switch Lawyers in the Middle of a Personal Injury Case?

You have the right to change lawyers mid-case

A fee contract does not lock you in. Courts in all three states where we practice say a client can end the relationship with a lawyer whenever trust breaks down.

• California: the state Supreme Court held in Fracasse v. Brent that a client may discharge a lawyer at any time, with or without cause.
• Texas: in Hoover Slovacek v. Walton the Texas Supreme Court said a client may fire a lawyer “for any reason or no reason at all.” The reason still matters for the old lawyer’s fee, as explained below.
• Washington: in Karstetter v. King County Corrections Guild the Washington Supreme Court described the right to end a lawyer’s representation at any time, for any reason, as protected by the ethics rules.

When people call us about switching, the complaint we hear most is a lawyer who won’t call back. A close second is the feeling of being pushed toward an offer that doesn’t cover the medical bills. If any of that sounds familiar, our pages on a lawyer who is not working on your case and a lawyer pushing a low settlement go through each problem. Not sure if the problem is real or just a slow stretch? Try the self-check on how to tell if your lawyer is doing a bad job.

How switching works in each state

If no lawsuit has been filed yet, the change is mostly paperwork between offices. Your new firm sends a letter to the old firm and to the insurance companies saying it now represents you. Once a lawsuit is on file, the court record has to show the new lawyer too, and each state does that a little differently.

The state pages walk through each step with the rules and forms: switching lawyers in California, switching lawyers in Texas and switching lawyers in Washington. If you want to send the notice yourself, we have a free letter to fire your lawyer for each state.

Will switching lawyers cost you more?

This is the first thing most people ask, and the fear makes sense. Nobody wants to owe two percentages out of one settlement.

Here is our promise. If you move your case to Beverly Law, your fee stays the same. Your former lawyer’s share for the work they did gets paid out of our fee. You never see it added on top of what you owe us. Case costs the old firm advanced, such as filing fees, medical records or expert charges, are normally paid back from the recovery the same way costs are on any case. And if there is no recovery, you owe us no fee and no costs.

No statute guarantees that a client never pays two fees, so it helps to know how this usually works. In California the old lawyer’s claim is limited to the reasonable value of the work and arises only if you recover. When one contingency fee can’t cover every lawyer’s fair share, a California court in Spires v. American Bus Lines split the single fee so the client wasn’t charged twice. Washington and Texas use similar ideas, with the Texas twist covered on our Texas page. For the details, read do I pay two lawyers if I switch and what happens to the old lawyer’s lien.

What the switch looks like from your side

1. You call or write to us for a free review. We ask for your fee contract, any letters from the insurer and your court case number if there is one.
2. We check your deadlines first. A deadline that is about to run matters more than anything else.
3. If we can help, you sign with us. We then notify your old firm in writing and tell the insurance companies to deal with us.
4. We request your full file. The ethics rules in all three states treat the file as yours. Our page on getting your case file from your old lawyer explains what should be in it.
5. If a lawsuit is pending, we file the substitution papers with the court.
6. We deal with the old firm’s fee claim directly, so you don’t have to argue with them.

Timing changes things. An offer on the table or a trial date coming up adds a few wrinkles. See firing your lawyer before settlement and firing your lawyer before trial.

When switching is a bad idea

Many lawyers do good work, and sometimes the problem is fit or a misunderstanding that one honest conversation would fix. Before you switch, put your concerns in writing to your current lawyer and give them a fair chance to answer. Then think through these points.

• Trial is only weeks away. A judge may refuse to move the date, and a new lawyer needs time to learn the case.
• You are upset about an offer, but the offer is fair for the facts. A second opinion can tell you that before you change anything.
• You live in Texas and your reasons are mostly personal. Without good cause, the old lawyer may claim the full contract fee, so the reason needs a careful look first.
• You have already changed lawyers more than once. Every switch costs time, and some firms will hesitate. Our page on how many times you can change lawyers covers this.
• You plan to handle the case alone to save the fee. That is your right, but insurers treat unrepresented people differently. Read can I fire my lawyer and represent myself first.

If we review your case and think staying put is the better move, we will tell you.

The one situation we can’t help with

Once you have signed a settlement release and the case has settled, Beverly Law cannot take it over. A signed release generally ends the claim for good (in California, Civil Code section 1541 says a release extinguishes the obligation), and a new lawyer has no way to reopen it.

Two situations look similar but aren’t. If an offer was accepted out loud but nothing is signed yet, you may still have options. If the case settled and your money is sitting in your lawyer’s trust account longer than it should, that is a different problem with its own rules. Both are covered on can I fire my lawyer after settlement.

If your lawyer dropped you instead

Sometimes the lawyer ends things first. A withdrawal letter can feel like a verdict on your case, but often it is about the firm’s workload or the type of case. Your deadlines keep running after a lawyer withdraws, so move quickly. Our page on what to do when a personal injury lawyer dropped your case lists the first calls to make and the papers to collect.

Get a free second opinion

We talk with people who reach out to us about their case, in English or Spanish, at no charge. We do not contact people who already have a lawyer. You can call (310) 552-6959 any time, day or night, or use our contact form.

Founding attorney Michael Shemtoub is licensed in California and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

Sources

1. Fracasse v. Brent (1972) 6 Cal.3d 784 (scocal.stanford.edu)
2. Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006) (CourtListener)
3. Karstetter v. King County Corrections Guild, 193 Wn.2d 672 (2019) (courts.wa.gov)
4. Spires v. American Bus Lines (1984) 158 Cal.App.3d 211
5. Cal. Civ. Code § 1541 (leginfo)
6. Judicial Council form MC-050, Substitution of Attorney—Civil (courts.ca.gov)
7. Texas Rules of Civil Procedure, Rule 10 (txcourts.gov)
8. Washington Superior Court Civil Rule 71 (courts.wa.gov)
9. California Rules of Professional Conduct (rules 1.4, 1.15, 1.16) (calbar.ca.gov)
10. Texas Disciplinary Rules of Professional Conduct, Rule 1.16 (legalethicstexas.com)
11. Washington RPC 1.16 (courts.wa.gov)