Can I switch lawyers during my injury case in California?
Many people ask, “Can I switch lawyers during my injury case in California?” The short answer is yes—you do have the right to change lawyers if you are unhappy with your current one. Injury cases are very important because they affect your health, money, and future. If you feel your lawyer is not doing a good job, not communicating, or not fighting hard enough, you may want to find a new one. In this article, we will explain in very simple words how switching lawyers works, why people do it, and what to expect in California.
Your Right to Choose Your Lawyer
In California, you always have the right to pick your own lawyer in a personal injury case. This means:
- You can start with one lawyer and change later if needed.
- You do not need a special reason—you can switch if you feel uncomfortable.
- The court usually respects your decision.
The law recognizes that injury cases are very personal, and you deserve to feel confident in the person representing you.
Why Do People Switch Lawyers?
There are many reasons why people want to change their lawyers during a case:
- Poor Communication – The lawyer does not return calls or explain things clearly.
- Lack of Progress – The case is moving too slowly without updates.
- Disagreements – You and the lawyer disagree on strategy.
- Trust Issues – You feel your lawyer is not fighting for you.
- Experience Level – You realize your lawyer may not have enough experience with injury cases in California.
Remember: Your lawyer works for you, not the other way around.
How Switching Lawyers Works in California
If you decide to switch lawyers during your injury case, here are the main steps:
- Find a New Lawyer First
It is always best to choose a new lawyer before ending your current one. This way, there are no gaps in your legal protection. - Sign a Substitution of Attorney Form
California courts require a legal form called a Substitution of Attorney. Both your old lawyer and your new lawyer sign this document. It tells the court that you are changing lawyers. - Transfer of Files
Your old lawyer must give your case files to your new lawyer. This includes evidence, medical records, and court documents. - Handling Legal Fees
If you had a contingency fee agreement (where the lawyer only gets paid if you win), the old and new lawyers usually split the final fee. You do not have to pay both.
Does Switching Lawyers Delay Your Case?
Sometimes people worry that switching lawyers will slow things down. In most cases, it does not cause big delays because:
- Your new lawyer quickly takes over the case.
- The court allows substitutions easily.
- The main goal is to keep your case moving forward.
However, switching late in the process (for example, during trial) may cause some delays while the new lawyer catches up.
Benefits of Switching Lawyers
Changing lawyers can have many benefits if your first lawyer was not a good fit:
- Better communication and updates
- Stronger legal strategy
- More experience with California injury laws
- Greater confidence and peace of mind
Risks of Switching Lawyers
There are also some risks to think about before changing:
- Your new lawyer may need time to review the case.
- If you switch too many times, it may look bad to the court.
- Some lawyers may not want to take over a case that is already far along.
This is why you should make the decision carefully.
Example 1: Car Accident Case
A man in Los Angeles hired a lawyer after a car accident. Months went by, but the lawyer never updated him. He switched to a new lawyer who quickly filed the right paperwork. The case moved forward faster, and he received compensation sooner. In more complex situations, even federal criminal defense lawyers may be consulted for guidance on legal strategy.
Example 2: Slip and Fall Case
A woman in San Diego slipped in a grocery store and hired a lawyer. She later felt the lawyer was not experienced enough. She found a new injury lawyer who specialized in slip and fall cases. Her new lawyer got a higher settlement.
Example 3: Medical Malpractice Case
A family in Sacramento hired a lawyer for a medical malpractice case. The lawyer pushed them to settle quickly for a low amount. They switched lawyers, and the new one fought for more money to cover future medical care.
Things to Consider Before Switching
Before changing lawyers, ask yourself these questions:
- Have I clearly told my lawyer about my concerns?
- Is the problem communication or lack of progress?
- Do I feel more confident about the new lawyer?
- Am I switching at the right time?
Sometimes, just talking with your current lawyer can solve issues. But if trust is broken, switching may be the best choice.
How to Find the Right New Lawyer
If you want to switch, here are tips to find the right injury lawyer in California:
- Look for experience with your type of injury case.
- Check reviews and testimonials online.
- Ask about their track record with settlements and trials.
- Make sure they explain things in simple, clear language.
- Choose someone you feel comfortable with.
Costs of Switching Lawyers
Most injury cases are handled on a contingency fee basis. This means:
- You pay nothing upfront.
- The lawyer only gets paid if you win or settle.
- If you switch, the old and new lawyers split the fee.
You do not have to pay double.
Final Thoughts
So, can I switch lawyers during my injury case in California? Yes, you can. You have the legal right to choose the lawyer who represents you. If your current lawyer is not meeting your needs, you can hire a new one.
Switching lawyers can improve communication, speed up progress, and increase your chances of winning a fair settlement. Just remember to find a new lawyer before letting go of the old one, file the proper paperwork, and think carefully about the timing.
Your injury case is about your health and future—you deserve the best legal help possible. If you are unsure, talk to a new lawyer for a consultation and make the choice that feels right for you.