23 May 2023

By Simon Landsberg

In Personal Injury

Have you recently suffered an unexpected injury and hired a personal injury lawyer, only to find out that they are not the right fit for your needs? This can be frustrating, but know that you have options if it happens to you. The process can be complicated, but you have the right to change your personal injury lawyer if you need to.

At The Tadchiev Law Firm, P.C., we understand the importance of having a solid and trustworthy legal team on your side. Our experienced attorneys have helped many clients like you navigate the complexities of personal injury cases. We are here to help you, too.

If, for any reason, you don’t believe your attorney is right for the job, you have the right to terminate the relationship and retain new legal counsel. The difference between the right attorney and the wrong one can also mean the difference between a successful settlement and endless frustration. So don’t let an unsuitable lawyer stand in the way of getting the justice you deserve. Contact The Tadchiev Law Firm, P.C. today to discuss your legal options.

Reasons for Changing Your Personal Injury Lawyer

Just because you have a minor disagreement with your attorney doesn’t mean immediately jumping ship is the best course of action. However, sometimes changing lawyers is the right decision, even if you don’t have a clearly defined reason for making the switch.

Some reasons that you might want to change personal injury lawyers include having an attorney who:

  • Isn’t being responsive or is taking too long to reply to your calls
  • Has a personality that does not mesh well with yours
  • Doesn’t keep you up to date and informed about the progress of your case
  • Refuses to take your case to trial despite your preferences
  • Doesn’t have enough experience in the right practice area
  • Pushes the case onto staff members or assistants instead of handling it themselves
  • Ignores your case in favor of different, higher payout cases
  • Prolongs negotiations and settlement discussions unnecessarily

If you have any concerns about the quality of representation you are receiving, you should contact a local Queens personal injury lawyer from The Tadchiev Law Firm, P.C. We can provide a second opinion to help you determine whether your attorney is up to par, and, if necessary, walk you through the process of switching to a different lawyer.

Is Changing Your Personal Injury Attorney Legal?

Yes. There are generally no restrictions on firing or changing the attorney representing you in a personal injury case. Even if a trial is ongoing, you have the right to swap attorneys if you think it’s necessary.

The most important things to consider before switching personal injury attorneys are the particulars of the contract you signed with your initial lawyer. Depending on the contract, you might be on the hook for legal fees for your initial attorney’s services while they were handling your case. If you switch lawyers partway through, your new attorney can help you identify these financial obligations and determine the best course of action.

How to Change Your Personal Injury Lawyer in New York

Changing a personal injury lawyer is not usually complicated, and it doesn’t have to be confrontational. If you reach out to a new prospective law firm to discuss your case, you might decide to change attorneys right there and then. If so, you can simply inform your new attorney about your intent to change and fill out any necessary paperwork.

After that, if you don’t want to have any contact with your previous attorney, your new attorney can communicate the change. They can contact your previous lawyer, let them know about the situation, and begin the process of taking over your case. This process might involve:

  • Requesting information regarding your case from the previous law firm
  • Negotiating any previous contract fees and settlement contingency fees
  • Changing the listed attorney with the court, if your case is already before a judge or jury

Possible Challenges When Changing Your Personal Injury Lawyer

Changing your attorney is easier the closer you are to the beginning of your case. If you try to change attorneys later in the process, you’re more likely to encounter complications.

For example, suppose your case is already far along, and a trial or settlement deal is right around the corner. In that case, a new attorney might be uncomfortable taking on your case because they won’t have much time to review your situation or formulate a solid legal strategy.

You might have concerns about the quality of legal services your old attorney provided. They might have made critical errors that hurt your chances of getting substantial compensation. A new attorney might be able to do better, but they might also struggle to overcome any hurdles that arose due to your previous lawyer’s mistakes.

No matter when you swap lawyers, you should review your previous contract with a new prospective law firm before you do so. They can help you understand the exact terms and calculate any fees you might incur by breaking the agreement. Often, the legal fees are split between all of the attorneys that work on your case, even if you fire one of them before you receive the money.

Contact Our Experienced Queens Personal Injury Attorneys for Help

You shouldn’t settle for insufficient legal counsel or an attorney that won’t give you the attention you deserve. If you have problems with the personal injury lawyer representing you, The Tadchiev Law Firm, P.C. is ready to help.

We take pride in our talented attorneys and support staff. You can count on us to give your case the attention it deserves. Our initial consultations are always free, so contact us now to learn how we can help you change personal injury lawyers in Queens and take on the legal system with confidence.

About the Author

Simon Landsberg
Simon B. Landsberg is an associate attorney at The Tadchiev Law Firm, P.C. He focuses his practice exclusively on representing individuals and families who have been injured in motor vehicle accidents and due to other forms of negligence.