Legal Question in Personal Injury in California
Can I hire different lawyer before case in over?
If I have hired a lawyer for a personal injury (car accident) case can I fire him ''mid-stream''? I don't feel as though he's doing what he could for me. He keeps telling me we'll talk about it ''when I get well''. It's been over a year. I'm not ''well'' and don't anticipate any miracles any time soon. Will he charge me for what he has put in to it? The other person is at fault and they are a huge corporation so there is no doubt about my case going well for me in the end. I can't coontinue much longer with no income. Thanks for any commentary!
3 Answers from Attorneys
Re: Can I hire different lawyer before case in over?
A few things to talk about. First, your attorney is right that you should not talk about resolution of your case until you are better. The statute of limitations is two years. You still have plenty of time. But, once you file your case, certain timelines apply. Thus, you are better off waiting until you are better, or closer to better, before you proceed.
Second, you can fire your attorney. Your attorney is entitled to the reasonable value of his services unless you fire him for cause. (For the purposes of this discussion, it does not sound like you have cause.) Your new attorney and your current attorney would then share the fee. This may make other attorneys less likely to take your case.
I tell everyone who calls me who has a current attorney to send a letter to the attorney and ask for an appointment to discuss the case. Let him know you are not happy and see what he says. You hired him for a reason so you should not be so quick to fire him.
Re: Can I hire different lawyer before case in over?
You can fire your attorney any time you wish. However, the attorney will likely have a lien against your recovery in an amount equal to the reasonable value of his services performed. I would advise that you speak with your lawyer and discuss your concerns. He may have a comforting response for you. If not, then you can decide whether it's time to move forward.
Let us know if you have further questions.
Re: Can I hire different lawyer before case in over?
A client can change attorneys almost anytime they want. However, as you've been told, the current attorney will have a claim on your recovery for his services to date, that will have to be resolved at the time the case concludes. If you have not yet been told by doctors that you are as recovered as you will ever be, then it is too early to settle. A panic or desperation settlement would be for much less than full value. Sounds like he is trying to do the right thing.
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