Switching Lawyers
If it is necessary, ideally the sooner the better.
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If it is necessary, ideally the sooner the better.
A client always has a right to fire their current lawyer and hire a new attorney.
In certain cases a client should quickly fire a newly hired lawyer. For example, if the tow truck driver who came after the client's car was wrecked pitches a certain lawyer, or someone else at the accident scene or close to the accident pitches a lawyer, it may mean that the lawyer is unethically and illegally paying for clients.
In general, the sooner you leave a lawyer you are not happy with, the better. Some personal injury practices send a non-lawyer out to sign up a client who is in the hospital or laid up at home. The Nevada State Bar says that the initiation of an attorney fee contract must be done by a lawyer. Therefore, such a fee agreement would be invalid when signed. However, if the client then lets the lawyer begin work on the case there might be an argument that the initially invalid fee agreement became valid by the subsequent conduct of the client and lawyer.
As a practical matter there are a number of problems to switching lawyers, especially if considerable time has gone by after hiring the lawyer.
In an hourly fee case, the new lawyer will obviously bill some time to get up to speed on the case; this may not be a deal breaker. But in a contingency fee case the old lawyer may assert a lien for work already done. Since the client doesn't want to pay double, the client should ask the new lawyer if the old lawyer's lien will be paid out of the new lawyer's contingency fee. If the new lawyer agrees, this can work out well for the client. If the new lawyer doesn't agree, the client may be in a double billing situation.
At Reed Mansfield, we would ask the following questions of ourselves and the prospective client in a contingency fee case:
A fairly common case that gets put to a judge is when client hires Lawyer A on a contingency fee and Lawyer gets an offer and advises the client to take it. For example, the offer is $50,000. Client thinks the case is worth more and fires Lawyer A and hires Lawyer B who after some work gets the case settled for $100,000. Lawyer A says, "I get a fee based on the $50,000 offer." Lawyer B says, "Lawyer A doesn't deserve half the fee for urging the client to sell out for half the value of the client's case." However, in this situation the courts usually side with Lawyer A.
In conclusion, yes, a client with a contingency fee case can always fire their lawyer. But, as a practical matter, it may not be easy to get another lawyer to step into an ongoing case.
Make a careful choice. Not only do you want to select a top lawyer, but if you are the plaintiff in a personal injury lawsuit you also want your lawyer to be confident in their heart that you have a good case, not merely to project confidence to the other side. A lawyer who believes in you will likely put more energy and money into preparing your case: