When you select a lawyer to help with your legal needs after an accidental injury in Florida, you expect them to provide you with comprehensive legal assistance. But what happens if your attorney does not live up to the promises they made to you?
Can you switch personal injury lawyers in this situation? In short, yes, you can change personal injury law firms at any time throughout your case. However, several considerations may impact your choice to shift lawyers.
You can discuss the process for switching lawyers in more detail with our team at Fasig | Brooks. Call us or fill out our online contact form to learn more.
Can You Change Lawyers in the Middle of a Case in Florida?
According to the Florida Bar, all personal injury lawyers work for their clients. Therefore, the client can terminate the relationship at any time and hire a different lawyer instead. As the client, you are the primary decision maker about all choices for your case, including who represents you.
Why Would You Switch Your Personal Injury Lawyer in Florida?
Switching personal injury lawyers in Florida represents an important decision. You may decide to change lawyers for any reason, including simply feeling uncomfortable with the representation you receive. You may also choose to work with a new lawyer if your old firm:
- Fails to return your emails or calls
- Disregards the direction you want to take your case
- Uses a strategy that doesn’t make sense to you
- Seems not to have a strategy
- Does not explain the legal process to you
- Tries to pressure you into accepting a settlement
Some clients switch attorneys if they feel their case isn’t progressing or if they lose trust in their lawyer. You may also have to change lawyers if your previous legal representative gets disbarred.
How do You Change Your Lawyer in the Middle of a Case in Florida?
Can you switch personal injury lawyers in Florida? Yes, you have the legal option to change law firms while handling a claim after an accident. Many people, however, feel unsure about the process for switching attorneys.
Review Other Law Firms
Before you change lawyers, it’s good to have an idea of who you want to handle your claim instead. Personal injury law firms do not have to accept each case brought before them, so you may want to ensure you have another attorney lined up before leaving your first.
You can often speak to others first with a free consultation. During this meeting, another lawyer can review the current status of your case. They may provisionally agree to handle your case if you leave your previous lawyer.
Inform Your Current Lawyer of the Switch
You must let your current lawyer know you’re switching firms to end the attorney-client relationship. You do not have to follow a specific format to provide the information. For example, you may send an email or a letter.
Note that it’s essential to document that the law firm received your letter. Therefore, you may decide to send the message through FedEx or UPS while purchasing the receipt confirmation. This step provides proof that the law firm knows you ended the relationship.
Hire Your New Lawyer
After you end the relationship with your initial law firm, you can hire a new lawyer. Moving forward, your new personal injury attorney will take over working on your claim to help you secure compensation for your losses.
How does Your New Lawyer Get Up to Speed with Your Case?
If you change lawyers, ensure that you provide the new law firm with any evidence or documentation you gave to your original attorney. Then, your new lawyer can use this information to begin working on your case.
Your new personal injury attorney will also contact your previous attorney to collect any additional information they require. Finally, your new lawyer may file motions with the court to allow your case to continue.
Do You Have to Pay Your First Lawyer if You Switch Law Firms?
You can switch personal injury lawyers in Florida. But, if you choose to do so, do you have to pay your initial lawyer?
Generally, personal injury law firms work on a contingency basis in Florida, meaning you only pay legal fees after the resolution of your case. However, some individuals believe that this rule means you do not have to pay your first lawyer, as they did not directly resolve your case.
However, your initial lawyers still have a right to receive payment for their services. You do not have to worry about being charged twice. Instead, your past and current lawyers will work together to discuss who receives what amount of payment after the end of your case.
How Long do You Have to Switch Lawyers in Florida?
Florida has a statute of limitations for personal injury claims. Generally, you have four years to resolve your case before you lose your opportunity. The clock on the statute of limitations does not reset if you change lawyers.
Therefore, it’s generally a good idea to switch lawyers as soon as you notice an issue with your case. This step gives your new attorney the greatest amount of time to resolve your claim.
Speak to Us if You Want to Change Your Law Firm
You can switch personal injury lawyers in Florida. If you’re looking for a new firm to handle your claim, consider our team at Fasig | Brooks. We’re dedicated to helping clients like you Come Back Stronger.
Discuss your options now by calling us or completing our online contact form.