Personal Injury Victims can be unhappy with their legal representation for many reasons. They may not feel a current lawyer has a good chance to win their case for them. Victims may not be getting updates on their cases as often as they should. Victims may simply have a personality conflict with a certain attorney.
Luckily, the victims of accidents are allowed to make a change at any time. The California legal system permits personal injury victims to fire their lawyers and hire new ones at any point along the claims process.
Sending a Letter to Change Lawyers
The dismissal of a lawyer would usually be officially signaled by a “disengage” letter sent to the law firm in question. This letter should make it clear that the lawyer’s services are no longer needed. It should also request your case file. This includes any evidence and case work already done by your soon-to-be former attorney.
You can find a simple letter template on an internet service like “Google Docs” or “Microsoft Word” and modify it to your needs.
Your termination letter doesn’t have to be long. And you don’t have to give your reasons for wanting a new lawyer.
Your disengagement letter should look something like this:
It’s enough to email this letter over to your lawyer. But it’s a good idea to have the extra assurance of also sending it by certified mail with a return receipt requested. This would make it harder for the attorney to deny receiving your disengagement request.
Other Things to Consider When You Want to Fire Your Lawyer
You should have a lawyer you feel confident and comfortable with. When you are considering making a switch to a new lawyer, there are a few things to consider and be informed of:
- Your Right to Your Files. Your lawyer is required by law to turn over your case files. They belong to you.
- Talk to a New Lawyer. It’s a good idea to have a new lawyer in mind before you fire your current lawyer. You’ll want someone to transfer your case to. Your new lawyer can also guide you through the process of firing your old lawyer and securing important evidence.
- Harm to an Ongoing Case. If your case has been going on for a while or is even scheduled for a trial, switching lawyers at a late date can hurt your case. Your new lawyer may not be able to prepare soon enough to give you a better chance at case success. It’s important to talk this concern over with your next potential legal representative.
- Your Previous Lawyer May Get a Percentage of Your Settlement: If your first lawyer has already put in a lot of time and effort on your case, that lawyer may be able to claim a partial fee if your case is successful. Your current lawyer and your past lawyer would have to work out a percentage split of the settlement or judgment the case earned. This shouldn’t affect the amount of support you’d receive. You were likely already giving a percentage of your settlement to your lawyer under a contingency agreement. This is how your lawyer would be paid. The two lawyers may share in that percentage if you fire your original lawyer.
You can find out more about how the process of switching lawyers works on Maison Law’s Guide to Switching Lawyers page.
Contact Maison Law to Discuss Your Case in a Free Consultation
If you are unhappy with your current personal injury lawyer, Maison Law of California is happy to go over your options in a free case consultation.
There’s no obligation for this meeting. If we can help you earn more or give you a better chance at a successful case, we’ll tell you that. If we can’t, we’ll also tell you that and help you weigh the benefits of switching lawyers.
Contact us to schedule a free case review with a real California personal injury lawyer.
