Can I Change My Lawyer If I Have a Personal Injury Case?

As part of an injury case that you really want to win, you may want to be represented by another lawyer. Why?

Well, for example, your first lawyer may have supported the idea to go forward with such a case. However, later on, you discover that their track record is not ideal or you simply want a better person to manage your case.

Given a large number of personal injury attorneys, it’s only natural that you should be able to choose, at any given time. Let’s take a look at what the law says about this!

Can Personal Injury Lawyers be Changed?

The short and simple answer is that yes, anyone is free to change their lawyer. Naturally, this right of yours does come with some limitations that must be taken into account.

Still, the victim is usually allowed to change their lawyer/legal representative during any of the case’s stage.

What are the Limitations?

As mentioned, there are situations that make it impossible for you to get another lawyer on board for your case. For example:

  • If doing so will cause a delay for the case, then the judge may not allow a lawyer change. This is because there have been many instances when people filed for a change of lawyers just so that they could get more time for their case.
  • Then, if your new legal representative comes with an interest conflict, then you may also not change your current one. For example, they may be part of the same firm as the lawyer employed by the opposition or they may work directly for the opposition in other cases. 

What Has to Be Done to Change Lawyers?

Obviously, changing lawyers comes with a procedure that is influenced by the stage of the claim/case you’re currently on.

As such, if your case is already filed in, then you will have to write a substitution of counsel. This is a notice given to the court and to the opposite party – saying that you wish to change representatives.

On the other hand, if the case is not filed yet, then changing lawyers is much easier. In fact, you can leave the informing of your old lawyer and even of the court of law on the shoulders of your new representative!

Should You Change Your Lawyer?

The laws that allow people to change legal representatives are in place to make sure that everyone is subject to a fair trial. If your lawyer is not capable of managing your case, then you must be able to change it, for your own personal good!

Therefore, if you think you may be misrepresented in court or your lawyer simply may not have the experience to handle your type of case/claim and so on, you should take advantage of this right!

The Bottom Line

So, in the end, everyone is legally allowed to change lawyers – before and during a case. 

Still, make sure to take limitations into account and to avoid looking for a delay while doing so, as this may prevent you from changing lawyers at all!

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