How to Switch Personal Injury Lawyers in Washington

Washington protects your right to change lawyers

In Karstetter v. King County Corrections Guild (2019), the Washington Supreme Court described a client’s right to end a lawyer’s representation at any time, for any reason, as something the ethics rules protect. That right does not depend on whether the lawyer did anything wrong.

Washington’s RPC 1.16 backs this up. Under RPC 1.16(a)(3), a lawyer must withdraw once discharged. Under RPC 1.16(d), the lawyer must take reasonable steps to protect your interests on the way out, such as giving you time to hire someone new and surrendering papers and property you are entitled to.

Your contract should be in writing. RPC 1.5(c) requires a contingent fee agreement to be in a writing signed by the client. If you can’t find your copy, ask the old firm for it. You will want it before you switch.

Talk to your lawyer before you leave

Many problems between clients and lawyers start with silence. Before you switch, send a short email asking what has happened on the case in the last 60 days and what comes next. Ask for a call within a week.

If the answer is reasonable, you may decide to stay. If there is no answer, or the answer doesn’t hold up, you have learned something useful, and you have it in writing.

Not sure whether the problem is serious? Our self-check on whether your lawyer is doing a bad job can help you sort it out.

Changing attorneys in a Washington lawsuit

Before suit is filed, the change happens by letter. Your new firm writes to the old firm and to every insurer on the claim.

After suit is filed, Washington has two sources for the change. RCW 2.44.040 allows a change of attorney before judgment, either with the lawyer’s consent filed with the clerk or by court order on the client’s application. In practice, superior court cases use Civil Rule 71(d). The new firm prepares a Notice of Withdrawal and Substitution, files it and serves it on the other parties. The notice states the date the change takes effect and lists the name, address, WSBA number and signature of both the withdrawing lawyer and the new one.

No hearing is usually needed when both lawyers sign. If the old lawyer will not sign, the new firm can ask the court for an order under RCW 2.44.040.

If trial is coming up, read firing your lawyer before trial.

Your file and the Washington attorney lien

Washington has an attorney lien statute, RCW 60.40.010. It lets a lawyer claim a lien for compensation on several things, including the client’s papers, the case and its proceeds. The statute limits the lien to the value of the lawyer’s services or the amount agreed on.

RPC 1.16(d) lets a lawyer keep client papers only to the extent other law allows, and the same rule requires the lawyer to protect your interests when the representation ends. In most switches the old firm sends the file after a written request. If it holds anything back, we work it out with them directly so your case keeps moving.

See how to get your case file from your old lawyer for a list of what a complete file should include.

How the old lawyer’s fee is figured

In Ross v. Scannell (1982), the Washington Supreme Court held that a contingency lawyer discharged before substantially performing the work is limited to the reasonable value of the services, not the contract fee. Most people switch well before their case is finished, so this is the usual result.

When the case resolves, RPC 1.15A(g) protects you. If the old lawyer and the new one disagree about the split, the disputed money stays in trust until the dispute is resolved. Undisputed money, including your share, must be paid out promptly.

As for what you pay us, switching to Beverly Law does not raise your fee by a single percentage point. Any amount your former lawyer is owed for their work is taken from our fee. The case costs the old firm advanced, such as filing fees, records or expert charges, are normally reimbursed from the recovery, like costs in any case. If we recover nothing, you owe nothing.

For more, see what happens to your old lawyer’s lien.

Where fee disputes go in Washington

The Washington State Bar Association does not decide fee disputes. Its page on concerns about a lawyer points people to dispute resolution centers instead. When we take over a case, we handle the old firm’s fee claim ourselves, and most of these are settled between the two firms.

Washington deadlines and the release limit

Most Washington injury suits must be filed within three years under RCW 4.16.080(2). Claims against a city, county or other local government have an extra step. Under RCW 4.96.020, you must first file a claim with the government body and then wait 60 days before you can sue. That wait can matter a great deal if your three years are nearly up. Switching lawyers does not pause any of this.

We also can’t take over a case after a release has been signed and the settlement has gone through. The signed release generally ends the claim. If you haven’t signed, read can I fire my lawyer before settlement.

Switching lawyers by case type in Washington

Founding attorney Michael Shemtoub is licensed in Washington. Choose your case type to see what a new lawyer has to catch up on:

• Switching car accident lawyers in Washington
• Changing truck accident lawyers in Washington
• Switching motorcycle accident lawyers in Washington
• Changing Uber or Lyft accident lawyers in Washington
• Switching slip and fall lawyers in Washington
• Changing dog bite lawyers in Washington
• Switching wrongful death lawyers in Washington

Call (310) 552-6959 or reach out online for a free review in English or Spanish. More about our Washington injury practice.

Sources

1. Karstetter v. King County Corrections Guild, 193 Wn.2d 672 (2019) (courts.wa.gov)
2. Washington RPC 1.16 (courts.wa.gov)
3. Washington RPC 1.5 (courts.wa.gov)
4. RCW 2.44.040, change of attorney
5. Washington Superior Court Civil Rule 71 (courts.wa.gov)
6. RCW 60.40.010, attorney lien
7. Ross v. Scannell, 97 Wn.2d 598 (1982) (CourtListener)
8. Washington RPC 1.15A (courts.wa.gov)
9. WSBA, Concerns about a lawyer
10. RCW 4.16.080
11. RCW 4.96.020