Most people assume that once they’ve hired a personal injury attorney, that’s it, you’re stuck with them, even if they stink. But, simply said, that’s not true. You can fire your attorney any time you want. You don’t need a reason; you don’t need permission. The right to control your legal representation belongs to you and you alone.
However, that doesn’t mean switching attorneys is always easy or wise. Depending on when you do it and how it’s handled, it could seriously complicate your case, delay your recovery, or risk the outcome of your lawsuit.
But sometimes, it’s necessary.
Let’s walk through how it works, what it really costs, and how to protect yourself if you’re thinking about making a change.
Yes, You Can Fire Your Lawyer Anytime
In contingency fee cases , you have the right to fire your attorney whenever you want. It doesn’t matter if it’s the day after you signed the contract or the week before trial. You don’t even have to give a reason.
But that doesn’t mean that changing your attorney at the eleventh hour comes without consequences. The contract you signed with your first attorney is still enforceable, and the stage of the case in which you change your attorney can make a huge difference.
You Don’t Pay Two Attorneys – They Fight Over the Same Pie
Here’s the part that surprises most people: generally speaking, when you fire a contingency fee lawyer and hire a new one, you don’t end up paying two legal fees.
Instead, if the new attorney agrees to take on your representation, the attorneys fight over the same percentage.
Let’s say your original fee agreement was 33% of whatever you recover. That 33% doesn’t go up to 66% because there are two attorneys involved. It stays 33%. But now, your old attorney and your new attorney have to negotiate how that 33% is split between them depending on what each attorney brought to the case.
Most of the time the attorneys resolve that between themselves, either by agreement or through something called a fee arbitration. You’re not the one caught in the middle, and you’re not the one footing two bills. But if the first attorney did a lot of the work, their attorney fee lien could be a problem, which can affect whether someone wants to take your case.
Timing Matters (A Lot)
If you’re early in your case and still in the treatment phase or just after filing, changing attorneys is often a low-drama switch. Your original attorney may not have invested a ton of time or resources, which makes the attorney fee lien issue much smaller and the handoff from the old attorney to the new attorney smoother.
But if you’re late in the game…. Say that discovery has wrapped up, depositions have been taken, trial is coming up, then switching gets much trickier. The original attorney likely has hundreds of hours logged, and their attorney fee lien could be significant. That doesn’t mean you’re stuck with them, but it does mean the other attorney might hesitate to jump in, especially if they’d be taking over all the risk for only a small slice of the fee.
Just know that changing attorneys isn’t instant. Any new lawyer who steps in will need time to review your file, get up to speed on what’s been done, and figure out what’s still missing. That handoff alone can easily cause a 30–60 day delay in your case, and sometimes longer. It’s not about dragging feet; it’s just the reality of taking over someone else’s work.
Beware Sneaky Contract Language
Most contingency fee agreements follow a standard format: the attorney earns a percentage of the recovery, and if you fire them, they’re entitled to a portion of that percentage.
Some attorneys try to sneak in language that says they’re entitled to an hourly rate or other compensation if they’re fired.
It’s not the norm, but it does happen.
So, before you change attorneys, ask for a copy of the original fee agreement and have the new attorney review it. A good lawyer will be able to tell you in about 60 seconds whether there’s anything problematic there and whether switching is worth it.
So, Should You Switch?
That depends. Here are some good reasons to consider a change:
- Your attorney routinely won’t return your calls or answer your questions.
- You constantly feel in the dark about your own case, even when you ask lots of questions.
- You’ve completely lost trust in your attorney.
- You feel your attorney isn’t fighting for you.
- Your case seems stalled, and no one can explain why.
Know this: changing attorneys won’t magically fix every problem. If your case has weaknesses, or if delays are due to court scheduling, switching won’t solve that. In some cases, it might even make things harder.
Also important: hiring a new attorney won’t undo mistakes made by the previous one. If critical deadlines were missed, if evidence wasn’t preserved, or if the case was built on weak footing from the start, your new attorney is working with the hand they’ve been dealt. They can strategize from here, but they can’t rewrite the history of how your case was handled, and cannot always reverse the course of a doomed case.
Also, also important: sometimes things aren’t as bad as they seem. Many people inherently feel like they’re in the dark in a lawsuit. That isn’t always your attorney’s fault. Law is extremely difficult to understand, even for some lawyers. If you feel like this, that doesn’t mean your attorney is bad or you’d feel different with someone else.
That beings said: there are bad attorneys out there and, in some cases, switching is wise.
Final Thoughts
Hiring a personal injury attorney is a big decision, but it’s not a permanent one. If things aren’t working out between you and the other attorney, you have options. Just make sure you understand the process, the timing, and the contract you signed.
I believe the best outcomes happen when clients feel confident, respected, and heard. If you’re thinking about switching attorneys and want an honest take on whether it’s a good idea, I’m happy to connect you with someone who can review your case, your situation and your fee agreement without pressure.
This is your case and lawsuits are a hard fight to fight. Make sure you’ve got the right person in your corner.
