The Victim’s Right to Change Lawyers During an Orlando Personal Injury Case
Many personal injury victims believe that once they’ve hired a lawyer, they cannot change. They feel like they’re stuck with one attorney, even if they are not pleased with the services being provided. One of the many questions we receive at Israoui Law is, “Can I switch attorneys if I am unhappy?” Our answer is a resounding yes, and below we will explain why.
A Personal Injury Victim Can Change Lawyers for Any Reason
A personal injury victim has the right to change lawyers at any time during the personal injury case, whether it’s a slip and fall, car accident, or dog bite matter. The reasons for switching attorneys include:
- No contact (phone calls, emails, etc.) with the attorney, only secretaries or case managers
- The lack of case updates
- Not feeling valued as a person (feeling like a number)
- The lawyer fails to inform with the client about case matters and information
- Feeling of distrust between the lawyer and the client
The Personal Injury Matter is the Victim’s, Not the Lawyer’s
A victim has to remember that the case they are pursuing is theirs; it is not the lawyer’s who is providing representation. The lawyer’s job is solely to provide sound legal advice and strategy to help the victim seek justice for the wrong done to them.
A victim always has the right to consult and get a second opinion on their case. But, if a victim is unhappy with the legal services being provided, the victim should switch attorneys as early as possible to prevent from hindering their chances at a successful outcome.
Changing Lawyers is Simple
In order to change lawyers, a victim should begin the process of meeting with other lawyers. Once the victim finds a lawyer that he or she is comfortable with, the new attorney will simply take over the matter. The victim’s new attorney can handle the process of getting all of your records, pictures, videos, or any other documents or information in the possession of your old attorney. The old attorney is required to cooperate in this. The new attorney will also notify any parties, Court, medical providers and/or insurance companies of the change in handling attorneys.
If a lawsuit has already been filed, the new attorney will file a document, usually called a motion for substitution of counsel., asking the court to switch lawyers. The court usually grants the wish to change lawyers. The document basically states the new attorney is taking over the case and the old attorney is no longer counsel of record on the case. It is often recommended that a victim change lawyers before a lawsuit is filed or litigation is ongoing. This gives the new lawyer the ability to better prepare for and handle any needed lawsuit for the victim.
It is important to note that switching attorneys does not mean the victim will have to pay double attorney fees. Since personal injury cases are billed on a contingency fee basis, the same percentage of fees will apply to the new lawyer. The new attorney who will take over the case will simply split the corresponding fee with the old attorney, if the old attorney claims fees or costs for the time they had possession of the case. As such, the victim should not be concerned about the switch in attorneys resulting in more attorney fees being paid.
Our Orlando Injury Lawyers Can Help You Make the Switch
If you’re considering changing personal injury attorneys, contact the Orlando personal injury lawyers at Israoui Law. We’re here to answer any questions regarding your personal injury matter. Free case evaluations are available and we are happy to schedule appointments at a location convenient for you. At Israoui Law, personal attention matters.