Can I Change My Car Accident Lawyer?

Car accidents are fairly common in New York, with more than 145,000 ER visits and hospitalizations each year related to injuries from traffic accidents. Even so, most people haven’t been in a serious car crash. This can make it hard to know what to do when you are hurt in a collision.

In some cases, a person hires a lawyer only to find that it simply isn’t a good fit (for whatever reason). In these situations, you can find a new Long Island car accident attorney to handle your case. The lawyers will then file the appropriate paperwork and determine how to split any attorney’s fees. 

At The Odierno Law Firm Accident and Injury Lawyers, we understand that sometimes an attorney-client relationship just doesn’t work out. If you are thinking about switching lawyers, we can help you understand the process and your options during a free initial consultation. Reach out to our law offices at any time to schedule an appointment with a Long Island personal injury lawyer.

Is It Possible to Change Car Accident Attorneys?

Picture this scenario: after a motor vehicle accident, you’re confused, overwhelmed, and stressed out by the thought of filing a car accident claim. You’ve seen a few billboards around town for a personal injury law firm, so you decide to give them a call. You hire them after a free initial consultation, where the lawyer you met with seemed really engaged and eager to get to work on your case.

In the weeks and months that follow, you barely hear from your attorney. They don’t respond to your calls or emails, and you have no idea what is happening with your case. In the meantime, your bills are mounting, and you’re becoming even more anxious about getting your case settled.

What can you do in a situation like this? Is it even possible to change lawyers after you have retained a Long Island car accident attorney for your case?

The good news is that in most situations, you absolutely can change lawyers if you are unhappy with your representation. There are some exceptions where a court might not allow it, such as if your case is about to go to trial and substituting attorneys would cause an unreasonable delay. Otherwise, you will almost certainly be able to switch lawyers if you are unhappy.

You don’t need to have a specific reason to change car accident attorneys. It could be as simple as the fact that you find the lawyer’s personality off-putting or think the office is in an inconvenient location. Some of the more common reasons that clients decide to change lawyers include:

• Lack of communication: If you aren’t getting regular case updates or if you can’t get your attorney to return calls or emails, you might decide that it’s time to make a change.
• Issues with the firm: In some personal injury law firms, you might meet with one attorney during your free initial consultation, only for your case to be handed off to a more junior lawyer. You might feel upset at what you feel is a bait-and-switch, which might be a good reason to switch to a different law firm.
• Case stagnation: If there has been little or no progress on your case, you might decide that you should find a new lawyer. While personal injury claims can take time to resolve, especially if you are still undergoing medical treatment, if your case seems stalled, you might want to look into changing attorneys. It is often possible that a new law office will take a different approach and will be able to move your case forward and get you a settlement.
• Loss of trust: The heart of the attorney-client relationship is trust. If you have lost faith in your attorney for any reason, then it may make more sense to move forward with a different Long Island car accident lawyer.
• Feeling pressured: Personal injury law firms almost always handle claims on a contingency fee basis. This means that their attorney’s fee is paid out as a percentage of your recovery. Contingency fee arrangements are a good thing because they allow accident victims to afford to hire a lawyer even if they don’t have the extra cash to pay an hourly fee or retainer. But in some cases, it may lead to a lawyer pressuring their client to settle their case. Some personal injury law firms have a business model of churning out settlements in order to get their fee, regardless of whether or not their client got maximum compensation. If you feel like your attorney is putting undue pressure on you to settle your case for what you believe to be a low value, then it makes sense to schedule a free consultation with a Long Island personal injury lawyer. 
• Unethical conduct: There is a wide range of conduct that may be considered unethical under the New York State Bar Association Rules of Professional Conduct. Even if you don’t have solid evidence that your lawyer has actually violated any rules, if you have concerns about their conduct, you can change lawyers. For example, if you feel like your attorney is pushing you to see certain medical providers who happen to be their family members or close business associates, that is reason enough to decide to make a switch.

You do not need to allege wrongdoing to change your personal injury lawyer. In New York and throughout the United States, you have the right to choose your own attorney for your civil case. Whether you think something unethical is going on with your lawyer or you simply aren’t happy with how your case is proceeding, you can find a new Long Island car accident lawyer to represent you.

Some accident victims worry that changing lawyers will hurt their case. Their current attorney might even try to convince them to stay with their law firm on the basis that making a switch will lead to a worse result. This simply is not true.

The reality is that finding a new Long Island car accident attorney won’t harm your case. In fact, it may even lead to a better outcome. Personal injury lawsuits require you to be able to work collaboratively with your lawyer. If you don’t get along or don’t trust them, that is incredibly difficult.

In this way, sticking with an attorney that you don’t like could actually hurt your case. If you are considering switching to a new lawyer, reach out to The Odierno Law Firm Accident & Injury Lawyers. We will listen to your story, offer you our insight based on decades of legal experience, and help you understand your rights.

What Is the Process for Switching Lawyers for My Car Accident Claim?

If you have made the decision that you are ready to change lawyers, you might be curious about what the next steps are. The good news is that there is very little for you to do. Our law offices can handle every aspect of the transition for you.

As an initial matter, we will reach out to your current lawyer on your behalf. While you are free to let your attorney know that you are changing representation, many clients find this to be awkward. We can communicate with your prior law firm for you so that you can focus on your health and well-being.

We will also coordinate with your old lawyer to get your case files. Personal injury cases often involve a lot of documentation, so we will work with them to get everything that we need to move forward. We don’t want to waste time duplicating work or seeking out copies of records that your prior attorney has in their possession, so we will take the time to make sure that we have everything that we need to move forward.

Next, we will draft a substitution of counsel to file with the court. Basically, this legal document lets the court know that you will have a new lawyer in your case. If the court approves, then it will be official: our law firm will now be representing you in your personal injury case.

The final piece of the puzzle is figuring out the attorney’s fee. As mentioned above, almost all Long Island car accident cases are handled on a contingency fee basis. Rather than paying your lawyer up-front, they will be paid a percentage of your total recovery through settlement or a verdict at trial.

The good news for you, as the client, is that you don’t need to worry about how your old lawyer and new attorney will get paid. Whenever your case is resolved, the two law firms will split the attorney’s fee. You still will not pay anything out-of-pocket – the attorney’s fee will be entirely paid from your recovery.

For example, consider a situation where you received a $250,000 settlement for your car accident case. Your contingency fee agreement with both law firms was for 30%, which works out to $75,000. The two law firms will divide this fee based on the amount of work they did on the case.

If you let your first lawyer go pretty early in the case, then they might only be entitled to 15% of the fee, or $11,250. If you waited until the case was further along, their share might be 50%, or $37,500. Your current attorney will get the remaining fee based on their work on the case. The two law firms will work this out between themselves. 

If you are unhappy with your legal representation, you don’t have to stay in that situation. Reach out to The Odierno Law Firm today to schedule a free initial consultation. We can help you get the compensation that you deserve for your injuries.

Thinking about Changing Personal Injury Lawyers? Give The Odierno Law Firm a Call.

Going through a car accident case can be hard enough on its own. The last thing you want to deal with is a poor relationship with your lawyer. If you aren’t satisfied with your legal representation for any reason, we can help.

At The Odierno Law Firm Accident and Injury Lawyers, we understand that sometimes, the attorney-client relationship just doesn’t work out. We are happy to meet with you and help you understand your rights when it comes to switching lawyers. To learn more or to schedule a free initial consultation with a Long Island car accident attorney, call our law offices at 631-973-6221 or fill out our online contact form.

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