If I Currently Have a Personal Injury Lawyer, but I am Unhappy With his or her Representation of Me, can I Switch Lawyers?
Just like a painter, mechanic, or anyone one else performing a service for you, you have the right to fire an attorney handling your personal injury case. If the attorney has not kept you adequately informed or has not diligently pursued your case, you may fire that attorney without incurring any expense.
It is important that you be able to document an attorney’s shortcomings as, if an attorney is fired without a good reason, that attorney may be able to put a lien on your recovery for the value of the time he or she spent working on your behalf along with the expenses the attorney incurred.
For example, if your attorney pursued your claim diligently and kept you promptly advised as to the status of your case, you probably cannot fire that attorney without having to pay for his or her time if you eventually make a recovery in the case. If you have hired a second attorney, then you may end up having to pay two sets of attorneys, leaving you with little or no net recovery once your case resolves.
If your attorney is not returning your calls, you should send a letter detailing the dates that you left unanswered messages. In this manner, if you ultimately have to fire the attorney, you can demonstrate to a judge that he or she did not act reasonably in responding to your requests for contact.
You also have the right, at any time, to get a second opinion if you do not agree with your attorney's evaluation of your case or intended plan of action. When providing second opinions, we often come to the conclusion that the attorney is doing an acceptable job with the only exception being that the attorney is doing a poor job of communicating with the attorney. Many times people express surprise that they are able to get us on the phone when their own attorney has refused their calls for months.
We are often hired by clients who have fired a prior law firm. In fact, some of our most notable clients have come to us after expressing frustration with their prior attorney. Recently, we resolved a nursing home neglect case for $900,000.00, after the client parted ways with his prior attorney.
Almost without exception, the reason for the client's dissatisfaction is that they could not get in touch with their lawyer, and phone calls were not returned. Because our firm focuses on the quality of cases and not on the quantity of cases we handle, we provide one on one service. Your calls to our injury attorneys will be returned promptly.
If you have questions about how your attorney is handling your case, we will consult with you confidentially so that you can make informed decisions. We handle injury, insurance and nursing home claims throughout the Northeast Florida area. We provide consultations and second opinions free of cost.