QUESTION
Can I hire a different attorney than the one I have representing me now in an auto accident?
Asked on Dec 07th, 2012 on Personal Injury - California
More details to this question:
I was in an auto accident in July 2012. The other driver was 79 yrs old and turned right in front of me. I couldn’t stop. It was totally her fault and I have witnesses. The insurance company is trying to deny my case. My lawyer said he will let me know IF we are going to litigate. I lost everything due to this accident and my attorney couldn’t care less. There is no way I can lose this case and I want a lawyer that will fight for me. Can I get a new lawyer?
19 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes.
Answered on Apr 24th, 2013 at 2:22 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes.
Answered on Apr 24th, 2013 at 2:19 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Yes you can hire a different attorney than the one you currently have representing you. You are free to discharge your attorney for any reason you want and either hire a new attorney or represent yourself. If a lawsuit is on file, your first attorney would have to ask the judge to be permitted to withdraw from your case. Judges in civil cases routinely grant this request especially if you have a new attorney. Depending on the fee agreement you signed with your current attorney he or she may be entitled to be reimbursed his or her costs and expenses as well as fee based on the time spent working on your case.
Answered on Jan 16th, 2013 at 6:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Before replacing you current attorney, I would seek a second opinion to determine for you whether or not your displeasure with your current attorney is warranted.
Answered on Dec 11th, 2012 at 9:24 PM
Jonathan S. Safran
Your current lawyer will first have to decide whether to continue representing you in litigation. If he chooses not to, I assume he will agree to relinquish any claim for his attorney fees or costs. Otherwise, Wisconsin law allows any client to change attorneys, for any reason. If you choose to change attorneys, and if there is a contingency fee retainer agreement which you signed, your attorney may still have a right to his contractual attorney fees, contingent on a future recovery by you, if another attorney takes over the case from your current attorney, if it is decided that you violated the contract by changing attorneys. You should probably discuss that issue with potential future attorneys before deciding to leave your current attorney.
Answered on Dec 10th, 2012 at 2:23 PM
Ronald A. Steinberg
Yes, you can fire your lawyer. Think twice before you do, because the insurance company may see you as a flake.
Answered on Dec 10th, 2012 at 2:15 PM
Daniel P. Mitchell
Yes. You may always discharge your attorney and retain new counsel.
Answered on Dec 10th, 2012 at 2:11 PM
Thomas Edward Gates
You can always retain a new attorney. However, depending on the fee agreement, you will have to pay your current attorney for his services.
Answered on Dec 10th, 2012 at 2:09 PM
Yes. You have a right to change your attorney at any time. Your current attorney may have the right to make a claim against any recovery you get for the reasonable value of his services rendered to date. Is there a police report?
Answered on Dec 09th, 2012 at 8:57 PM
Personal Injury Attorney serving Woodland Hills, CA
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M.R. Parker Law, PC
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At any point during representation you can drop your lawyer if you are unhappy with them. Just be aware that the lawyer will then likely have a lien against your case for the hours that they put in to it. However, if your attorney "drops" your case, then you no longer have to pay him anything if you end up hiring other counsel.
Answered on Dec 09th, 2012 at 8:39 PM
Gary R. Pearson
You can always get a new lawyer. Old lawyer can if he wants file a lien for his time spent on the case. That will come out of the new lawyers fee so client does not pay twice.
Answered on Dec 09th, 2012 at 8:30 PM
Changing attorneys is permissible in the State of Connecticut. What has to occur is for you to meet with an attorney that you are comfortable with proceeding with and he or she will have you execute appropriate documentation with instructions to have the file immediately transferred.
Answered on Dec 09th, 2012 at 8:29 PM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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Yes you can. You have control. You can retain a new attorney and ask that your file me transferred to the new attorney. But carefully read the retainer agreement you signed with your present attorney before doing so. You will probably be responsible for any out of pocket expenses the attorney may have incurred on your behalf (e.g., costs of obtaining medical records). Additionally, most retainer agreements provide that if you terminate your attorney, your attorney will be entitled to a lien against your eventual recovery for the reasonable time already expended on your case. So if you want to change attorneys, the sooner the better.
Answered on Dec 09th, 2012 at 7:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can get a new lawyer any time you want to. Just fire the old one.
Answered on Dec 07th, 2012 at 2:53 PM
As a consumer you always have the right to switch attorneys. Your representation agreement should mention that as well. The only issue is that your prior attorney might have a lien on the fees earned by the next attorney, so if the prior attorney did a lot of work, he will expect a larger % of the fees from the next attorney's share, which might make it more difficult to find an attorney to represent you. If it's not an issue, and your current attorney isn't expecting too much from the case, then you should feel free consult with and retain other attorneys.
Answered on Dec 07th, 2012 at 2:43 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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Of course you can discharge your current lawyer and either represent yourself (not advisable) or retain new counsel.
Answered on Dec 07th, 2012 at 2:43 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Yes, of course. You vote with your feet by going out and finding and hiring another lawyer. Do it right away, however.
Answered on Dec 07th, 2012 at 2:39 PM
Yes. Once you hire an attorney, you are not obligated to stay with him until the end of the case. You can always discharge your attorney if you are not satisfied. The attorney has a right to attach a lien to your case for the amount of work already performed but he/she may or may not do that. You can always talk to your attorney and explain why you are unhappy and he may be more inclined not to attach a lien if he/she knows it could lead to a bar complaint.is strictly prohibited.
Answered on Dec 07th, 2012 at 2:35 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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You are always free to fire your attorney and hire a new one. However, your first attorney may have a claim for fees and costs incurred while representing you.
Answered on Dec 07th, 2012 at 2:34 PM