Can You Switch Lawyers Before Settlement?

There are many situations in which you may find it necessary to switch attorneys before you receive a personal injury settlement. When filing a civil lawsuit, you have the right to whatever legal representative you choose. However, selecting a new lawyer during your claim could complicate your case. 

For this reason, it may be in your best interest to consider all your options and plan accordingly so you are ready for any of the challenges that may arise when you switch attorneys. A reputable Atlanta personal injury lawyer at John Foy & Associates can review the specific details of your case to determine whether switching lawyers is the right move for your case.

You Have the Right to Legal Representation of Your Choosing 

You can choose your personal injury lawyer when you file a civil lawsuit throughout the United States. Your Sixth Amendment right gives you the right to select your lawyer if you face criminal charges, but it also applies when you need representation for a personal injury claim.

You need a personal injury attorney to advocate for your best interests, prioritize your needs, and ensure you receive a fair trial. They are supposed to act on your behalf. Every decision they make regarding your case should be in your best interests. When you trust your personal injury claim to an attorney, you should feel confident in their ability to handle your case.

For example, suppose you have concerns that your advocate is not fighting for your rights, failing to collect evidence to support your case, or otherwise handling your claim unreasonably. In that case, you are well within your rights to switch lawyers and choose a legal advocate you feel more comfortable with.

Valid Reasons to Need a New Personal Injury Attorney

Technically you have the right to switch personal injury lawyers whenever you wish. It does not matter whether you just hired a personal injury law firm or are currently negotiating. However, it is essential to remember that when you change lawyers, it could have a significant impact on the outcome of your case.

Most notably, when you switch attorneys, your new attorney will need to get caught up on evidence, potentially conduct a new investigation to gather evidence, and even potentially need to start your case over from scratch. Some of the most valid reasons injury victims decide to hire a new personal injury attorney include:

• Their current attorney’s strategy is confusing or does not make sense.
• Their case is not making any progress.
• They do not trust their personal injury lawyer.
• Their attorney is not returning their emails or phone calls.
• Their attorney is pressuring them into accepting a settlement that is less than they deserve or agree with.
• The attorney does not seem to have a strategy.
• Their lawyer insists on taking their case in a direction they disagree with.
• Their intuition tells them their attorney is not doing the job right.
• Their lawyer passes away or is disbarred in the middle of the case.
• Their attorney fails to explain how the personal injury claim process works.

These are just a few reasons other injury victims have cited for switching law firms. If you are considering switching attorneys, it is crucial to meet with prospective replacements so you can get a feel for your confidence in new legal advocacy. You need to assess their ability to handle the complexity of your case, so you can decide whether changing lawyers at this stage in the claims process is the right decision for you and your family.

Reasons You May Not Be Able to Change Personal Injury Lawyers

It may be ill-advised to change personal injury attorneys in several situations. Since the defense has the right to a speedy trial, the court system may refuse to allow you to switch lawyers if it will significantly delay a pending trial. This is because, in the past, other plaintiffs abused the system and would switch attorneys to cause delays in the case purposefully. Once your lawsuit has been filed, you will need the court system’s approval to switch attorneys.

You may also want to avoid changing personal injury attorneys if your new attorney has a conflict of interest in your case. For example, suppose the personal injury you hope to hire has prior conflicts with a judge overseeing your case or has a good relationship with the defendant who caused your accident. In a situation like this, it may not be in your best interest to switch lawyers at this time or go with that particular law firm. Be sure to ask potential personal injury attorneys to check whether they have a conflict of interest before they agree to represent you at trial.

How to Change Personal Injury Lawyers in the Middle of Your Case

If you are ready to change personal injury attorneys, it is vital to understand how the process works so you do not accidentally delay your lawsuit or insurance claims. If your personal injury lawsuit has already been filed, you should be prepared to file a notice with the court system. 

However, if your lawsuit has not been filed yet, you do not need to get approval first. You can simply tell your existing personal injury lawyer that you have decided to change attorneys. Your new personal injury lawyer can notify the liable parties and insurance company that you have a new attorney fighting for your rights.

Contact John Foy & Associates When You Need a Personal Injury Attorney You Can Count On

If you already have an existing personal injury lawyer, but you are unsatisfied with their efforts or have serious concerns about their ability to handle the complex nature of your case, get a personal injury advocate you can rely on. Call in the Strong Arm of Georgia. 

Meet with our experienced personal injury claim lawyers at John Foy & Associates today and learn more about your next steps when you are ready to switch attorneys. You can reach us by phone or through our convenient contact form to schedule your free, no-pressure legal consultation today.