Are you not happy with your current car accident lawyer and wondering can you change car accident lawyer in the middle of a case? Then here is your answer is YES. You have the legal right to change your lawyer at any point in your case. However, before you make the switch, consider these key factors:
The Fees: Your current lawyer may be entitled to a “lien” for the work they have already completed.
Timing: Switching just weeks before a trial can delay your settlement significantly.
The Process: You typically don’t need to fire them yourself; your new attorney will handle the paperwork and file transfer.
Many accident victims feel “stuck” with a lawyer who doesn’t communicate or push the case forward. If your case is dragging or you feel ignored, you might be asking, “Can I change my car accident lawyer in the middle of a case?” The short answer is yes, but doing it the wrong way can hurt your payout.
Change Car Accident Lawyer in The Mid Case With These Considerations
In 2026, the legal process is more complex than ever. If you made the mistake of not knowing what to do after a car accident initially, you might have hired a lawyer in haste. Now, you need a strategy to switch without losing your progress.
Section 1: Why You Might Need a Switch
Most people want to switch because of poor communication or lack of progress. If you didn’t ask the 7 important questions to ask a car accident lawyer before hiring, you might now realize your current attorney lacks the experience your case needs. Common red flags include:
- Communication Blackouts: Unreturned phone calls or emails for weeks at a time.
- Lack of Progress: No updates on medical or repair claims despite months passing.
- Low-Ball Pressure: Being pressured to accept a settlement that doesn’t cover your bills.
- Staff Turnover: If your case is constantly being handed to different junior paralegals, your case isn’t getting the priority it deserves.
Section 2: The Legal and Financial Consequences
If you want to change car accident lawyer, you can but it is not free. But it doesn’t always cost you more out of pocket. In most contingency fee agreements, the two lawyers will split the final fee based on the work each performed.
Understanding the “Lien”
In most contingency fee agreements, the two lawyers will split the final fee based on the work each performed. This is called a legal lien. For example, if the fee is 33%, the two lawyers negotiate how to share that 33% based on their contribution.
Resource: Fees and Expenses
Avoiding Double Billing
If you are debating when you should hire a car accident lawyer (or a new one), ensure the new attorney is willing to handle the “lien” from your previous firm. This ensures you don’t end up paying double fees.
Section 3: A Step-by-Step Guide to Making the Switch
The process is surprisingly simple. Once you find a new firm, they will send a “Stop Work” letter to your old lawyer.
- Step 1: Review Your Contract. Look for termination clauses to see if there are specific notice periods required.
- Step 2: Find a New Attorney First. Never fire your old lawyer until you have a new one signed. Use the 7 critical questions to vet the new one properly.
- Step 3: Secure Your File. Ensure you have the 7 documents you need for your car accident claim ready. Your new lawyer will request the official file, but having your own copies speeds things up.
- Step 4: The Transfer. Your new lawyer sends a “Stop Work” letter and a “Notice of Substitution” to the court and insurance companies.
Section 4: When is it TOO LATE to Switch?
While you have the right to change car accident lawyer, doing so 48 hours before a trial is a bad idea. Judges often refuse to delay trials just because you want a new lawyer at the last minute. The ideal time to switch is during the Discovery Phase or before a formal lawsuit is filed.
Conclusion
You deserve an attorney who fights for you. While changing lawyers mid-case takes some effort, it is often better than settling for less than you deserve. If your current lawyer isn’t cutting it, re-evaluate your options today.
Frequently Asked Questions About to Change Car Accident Lawyer
Q1. Can I change my car accident lawyer if I already signed a contract?
Ans: Yes, you can change car accident lawyer. Most personal injury contracts are “at-will,” meaning you have the legal right to terminate the relationship at any time. You are not “locked in” if you feel your current attorney is not representing your interests properly.
2. Will it cost me more money to switch lawyers mid-case?
Ans: Typically, no. You won’t pay two separate fees. Instead, your old lawyer and new lawyer will share the single contingency fee (usually 33% or 40%) based on the amount of work each contributed to the final settlement. This is settled through a “lien” handled between the law firms.
3. Do I have to face my old lawyer to fire them?
Ans: No, you don’t have to have an uncomfortable conversation. Once you hire a new firm, your new attorney will send a formal “Notice of Substitution” or a “Stop Work” letter to your previous lawyer. They will also handle the transfer of all your legal files and evidence.
4. How long does it take to transfer my case to a new lawyer?
Ans: To change car accident lawyer, the administrative process usually takes 5 to 10 business days. This includes the time for the new firm to notify the court and for the old firm to package and send over your digital and physical files.
5. Can a judge prevent me from changing my lawyer?
Ans: While you have the right to switch, a judge may deny the request if you try to change lawyers immediately before a trial. This is because a last-minute switch could cause an unfair delay in the court proceedings. It is always best to make the change during the discovery phase.