Deciding to change attorneys in the middle of a personal injury case can feel overwhelming. You may worry about offending your current attorney, disrupting your case, or making things worse. But the reality is that switching personal injury attorneys is a routine legal event — and the process is far simpler than most people expect.
Here is exactly how it works, step by step.
1. Understand Your Right to Change Attorneys
Your attorney works for you. At any point during your personal injury case — whether it’s in early negotiation or active litigation — you have the absolute right to terminate the attorney-client relationship and hire new representation.
This right exists regardless of what your retainer agreement says. While retainer agreements may specify notice requirements or address fee obligations upon termination, they cannot prevent you from exercising your right to choose your own counsel.
You do not need a dramatic reason to make a change. Feeling ignored, lacking confidence in your attorney’s strategy, or simply wanting a different level of service are all legitimate reasons to seek new representation.
2. Consult a New Attorney Before You Terminate Your Current One
The most important step in the switching process is to consult with a new attorney before you do anything else — before you send a termination letter, before you call your current attorney, before you contact the insurance company.
Here’s why: a new attorney can review your case, advise you on its current status, and ensure there are no urgent deadlines — filing deadlines, response deadlines, or statute of limitations concerns — that need to be addressed immediately. They can also manage the transition from their end, which is typically far smoother than the client doing it alone.
Most personal injury attorneys offer free initial consultations. Use that consultation to evaluate the attorney and get clarity on your situation before committing to a switch.
3. Sign a New Retainer Agreement
If you decide to move forward with a new attorney, you will sign a new retainer agreement with the new firm. This agreement will set out the new attorney’s contingency fee, how costs will be handled, and how the prior attorney’s fee interest will be addressed.
At this point, the new attorney typically takes over management of the transition. You do not need to confront your prior attorney directly.
4. Send a Termination Letter to Your Current Attorney
Your current attorney must be formally notified that you are ending the representation. In most cases, your new attorney will handle this on your behalf — drafting and sending a professional termination letter that:
- Clearly states that you are terminating the attorney-client relationship
- Requests that all case files, records, and correspondence be transferred to the new firm
- Provides the new firm’s contact information
You have the right to your complete case file. This includes all medical records, correspondence with insurance companies, discovery materials, filed documents, and any other materials your attorney has gathered or produced in connection with your case. Your prior attorney is required to provide this file to you or your new attorney promptly — regardless of any fee dispute.
5. Understand How the Fee Is Handled
This is the question most people worry about — and the answer is better than most expect.
Personal injury cases are handled on contingency, meaning your attorney is paid a percentage of your recovery. When you switch attorneys, the total contingency fee does not increase simply because two firms are now involved. Instead, the fee is divided between the old firm and the new firm based on the work each performed and, in some cases, by negotiation between the two firms.
What this means for you: In most switching scenarios, you pay the same total percentage you agreed to in your original retainer — it’s just split between two attorneys rather than going entirely to one.
There are nuances to this — particularly if your original retainer specifies a termination fee or if the prior firm disputes the allocation — and your new attorney will address these details before you make any decisions.
*Important reminder: Clients remain responsible for costs and expenses incurred by both firms, regardless of outcome. Your new attorney will clarify how outstanding costs from the prior representation will be handled.*
6. The New Attorney Takes Over
Once the termination is formalized and the file is transferred, your new attorney steps into the case and picks up where things stand. In most situations:
- The case does not start over
- Evidence gathered by the prior firm is preserved and used
- Negotiations or litigation continue from their current stage
- The insurance company is notified of the representation change
The transition is managed professionally between the two firms, and your role in the process is minimal. Your job is to focus on your recovery.
7. Timing Considerations
While you can switch attorneys at any point, timing does matter in some circumstances:
- Early in the case: The simplest time to switch — less accumulated work, fewer potential fee disputes, and maximum time for the new attorney to build your case.
- During active negotiation: Possible and often done, but the new attorney will need time to review the file and assess the current offer before proceeding.
- After a lawsuit is filed: More complex, particularly if trial is imminent, but still achievable. Courts routinely grant substitution of counsel in pending litigation.
- Near the statute of limitations: If your deadline is approaching, notify a new attorney immediately. This is an urgent situation that must be addressed before anything else.
You Don’t Have to Stay in a Situation That Isn’t Working
Changing attorneys is not a failure — it’s an exercise of your rights as a client. The most important thing is that you have representation you trust, from an attorney who is actively working on your behalf.
If you are considering a switch, Kim Welch Law offers free case evaluations. We will review your current situation, explain your options, and — if you decide to move forward — handle the entire transition process on your behalf.
Talk to Kim Welch Law Today
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com
*Kim Welch is a personal injury attorney serving clients in Colorado Springs, CO and Las Vegas and Henderson, NV. This blog post is for general informational purposes only and does not constitute legal advice. Contact our office for guidance specific to your situation.*