The relationship between a client and their attorney is a key factor in the success of any personal injury case. When this relationship is less than ideal, there are instances where a client may find themself replacing a personal injury lawyer with new legal representation. Here are some valid reasons for considering this course of action:

1. Incompetence or dissatisfaction with service, professionalism, or responsiveness

2. Discovery of a conflict of interest

3. Differences of opinion regarding strategy, risk tolerance, or approach

4. The timing for a change is optimal, with no impending deadlines or statute of limitations dates

5. Finding an alternative lawyer with more expertise or better resources to win the case

Steps for Changing Legal Representation

If the given reasons apply, then a client may decide to dismiss their personal injury lawyer. Those clients who wish to go down this route may follow the following steps to ensure a smooth transition:

1. Review the Retainer Agreement

Client’s can start by carefully reviewing the agreement that was signed with their current attorney. This document should outline the procedure for terminating the business relationship. Following these guidelines ensures a proper and legal dismissal.

2. Secure a New Lawyer

Before informing the current law firm of their decision, personal injury plaintiff clients can make sure they have a new lawyer willing to take on the case in its current state. This step is crucial to avoid any gaps in representation that could potentially harm the case.

3. Request Case Materials

Once they have secured new representation, client’s can contact their former law firm and request that they turn over all case materials, evidence, and records as soon as possible. This ensures a seamless transition and allows the new lawyer to quickly get up to speed on the case.

4. Address Fee Concerns

Clients would be wise to be aware that they may still owe their former lawyer a portion of the court award or settlement if the case is successful. According to Florida Statute 768.79, lawyers generally share their portion of the designated fee (usually 33% of the total award or settlement, depending on various factors). This means that while the client won’t be paying 66% in fees, something closer to 16.5% to each lawyer totalling 33% would still be due.

“Clients would be wise to be aware that they may still owe their former lawyer a portion of the court award or settlement if the case is successful.”

While this arrangement is generally favorable for clients, it may make the case less attractive to potential new lawyers. To mitigate this issue, clients can consider negotiating a lower fee percentage with the former law firm. This can help ensure that the case’s value remains appealing enough to incentivize a new law firm to take it on.

Ensuring Case Continuity

To maintain continuity in your case after replacing your current counsel, consider the following steps:

1. Obtain a complete copy of your case file from the former attorney.

2. Request a detailed status update on the case, including any pending deadlines or court dates.

3. Arrange a meeting between the former and new attorneys to discuss the case details and strategy.

4. Ensure all relevant parties (court, opposing counsel, insurance companies) are notified of the change in representation.

5. Review and sign any necessary documents to formalize the transfer of the case to the new attorney.

By following these guidelines, clients can navigate the process of dismissing their personal injury lawyer while minimizing disruptions to their case. Remember that the goal is to find representation that best serves the client’s interests and increases the chances of a favorable outcome.

Moving to South Florida Law

Changing your personal injury representation to the attorneys of South Florida Law may be the right solution to moving a stalled personal injury case forward to a successful resolution. At South Florida Law we have the resources of a larger law firm with the partner-level attention to detail of a smaller, nimble law firm. Providing our clients with the best of both worlds is our secret to delivering the results that earned us our five-star Google rating and a positive reputation in our community.

If you are considering a change in legal representation in your current personal injury case, then contact us to discuss the possibility of changing your counsel to South Florida Law. You may call us at (954) 900-8885 or reach out via our contact form to get started.