Can It Hurt Your Case?
Although you do have the power to fire any lawyer you’re working with then look for another, but whenever I get a call about being switched in for a lawyer, I ask two things.
How far along is the case?
How many people are involved in this case?
Asking these questions helps understand where you are in your case, maybe you are in a settlement position to which switching up lawyers might not be a good idea. Or just because you are mad at your lawyer for not returning your calls.
Now, I can talk to you about switching up lawyers but every time I get a call saying they like me better than their current lawyer, their lawyer was rude, or their lawyer was not returning their calls. Most of the time, I refuse these offers because these are minor things. It is just because your lawyer is under a lot of pressure, and they need time for your case.
I mostly call their current lawyer to smooth things over so there will not be a transfer, and for the best of your case. If an attorney has been working for your case for years and it set for trial and there is a substantial offer on the case, you both have been bumping your heads, knocking out ideas for your case, it might not be best for you to change lawyers.
The other thing I ask people is, how many lawyers have been involved? Most people would say they only have one former lawyer meaning they have a current lawyer that dropped the case, and it is doable. But being an additional lawyer to a case, meaning to be a third or fourth lawyer would be a big problem.
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How Contingency Cases Work
Usually, the fees on contingency cases work is that all the lawyers that worked on the case have a lien. An attorney’s lien meaning they have a right to some percent of the attorney’s fees. They have a right to collect some of the fees for the work that they contributed on the case. It is usually called a quantum merit.
The point is, for example there are five lawyers that worked on the case, and they all have liens. I have to call them then split the attorney’s fees. Not most of the time it is an easy way to do. It happened where I had to file a motion in court and have the judge split up the attorney’s fees based on work people did. I may take over a case and discover less and invest a lot of effort and time and I might be compensated less because it has been shared with the other attorneys.
Before You Change A Lawyer
Anytime somebody asks me to switch, the last thing I’ll ask is has it gotten to a point that have you encountered a fight with reconcilable differences. Meaning the lawyer not calling you back or they are recommending taking the offer and explains it may not be a great reason to switch lawyers. Depending on how many your lawyer is and how far along the case is, should be the questions asked before changing lawyers. Because take this as an example:
You, together with your attorney presented a united front to the other party and discussed a $100,000 offer on the table between you and the other party about an injury case. In a suit if a lawyer withdraws, they have to file a motion to withdraw and by law they have to notify the other side. Knowing this, the other party now knows that there is chaos on your side by presenting a united front then a lawyer withdrawing afterwards, now they know you are not in a good position after that event.
There are a lot to take into consideration to switching your lawyers, try asking yourself those questions: How far along is my case? How many people are involved in this case? It is better to change your lawyer in the early process rather than changing it after making some progress. It is hard to look for lawyers who take on cases that have been litigated by other lawyers for years. Obviously, you have every right to switch your lawyer and if your lawyer did something terrible, you have every right to do so.
If you've been injured and you need to talk or you have any questions, I offer a free no-obligation case strategy session. You can reach me 24/7 at 312-540-500. I am happy to answer your questions or you can get more information at my website at www.DeSalvolaw.com.
