5 min read time
Table of Contents
Can You Switch Lawyers in the Middle of a Car Accident Case
In a car accident or any other personal injury case, a client has the right to switch personal injury lawyers under NRS 7.055.
Switching lawyers to a more experienced lawyer for whatever reason is a common practice in personal injury cases and typically does not come with adverse effects.
Whether your attorney has poor communication or does not return phone calls, you can switch personal injury attorneys today by calling (702) 566-3600 for a free legal consultation where we will review your case and help you transfer your case to one of our experienced personal injury attorneys.
When Is It Too Late to Change Lawyers
A majority of the time, changing lawyers is never too late and can typically be done at a time during a personal injury case.
However, there are times when switching lawyers cannot be done or can cause a major disruption to your personal injury case.
Right Before or During Trial
Whether a civil or criminal case, if you are close to trial or already in the middle of legal proceedings, switching your current representation could cause problems and delays in the legal process, negatively impacting your case.
Late in Settlement Negotiations
Changing legal representation during personal injury case settlement negotiations can be done, but it can cause complications in negotiations.
Switching attorneys during settlement talks can cause insurance companies to withdraw their original offer or attempt to lower your payout.
Contingency Fee Issues
Depending on how deep into the case your previous attorney was, if you switch personal injury lawyers, you may still owe attorney fees, especially if your attorney worked on a contingency basis.
For this reason, it's important that before you change attorneys, you ask your current attorney what you owe them for their legal counsel and work.
Require Court Approval
In certain cases, such as those in litigation, the Nevada court or local court may need to approve you switching attorneys.
This is done so someone cannot create unnecessary delays in a court case by changing attorneys and help keep civil procedure rule.
How Can I Transfer My Case to Another Lawyer
When looking to switch lawyers to a more experienced personal injury lawyer, it's important to know how to do so correctly to avoid any complications.
Review Your Current Client-Attorney Contract
Before you change lawyers, it's crucial that you first review your client-attorney contract with your current personal injury lawyer.
An essential item to look for in the contract is if the attorney was working on a contingency fee basis, which almost all personal injury lawyers today use in civil cases and means they only get paid if they win your case.
In addition, you should look to see if your personal injury lawyer has any clauses for termination fees or fee arrangements that may result in fee-sharing between your old and new lawyer.
Find a New Lawyer
It's vital that before you terminate your current lawyer, you schedule a free initial consultation with a personal injury lawyer who you believe can be a good fit for your case.
In the free case review, ask the lawyer about their personal injury law firm and the process of handling a civil case transfer.
Notify Your Current Lawyer
Once you have found a new attorney, give your old lawyer a formal notice stating that you're terminating their services.
In this notice, there is no need to go into an extensive explanation, even if your lawyer insists.
Request a Transfer of Case Files
After ending your relationship with your current lawyer, request that they transfer your injury claim files to your new lawyer.
If your accident lawyer gives you pushback during this phase, remind them they are legally obligated under NRS 7.055 to release your files and documentation.
Common Reasons People Switch Lawyers
When clients switch attorneys, they have many reasons, some of the most common being:
- Bad Communication: Clients who choose a big law firm to represent them may suffer from a lack of communication due to the legal team being too busy to return calls and emails in a timely manner.
- Lack of Progress: Inexperienced attorneys may not yet fully understand how the claims process works and may cause frustration in clients due to delays in case progress.
- Personality Conflicts: A client and attorney may simply have conflicting personalities that affect the quality of representation.
- Fee Disputes: Disputes may arise over the lawyer's fees, which can cause a client to switch attorneys.
These are only a few common reasons a person may switch injury lawyers in their personal injury case.
What Law Gives You the Right to Switch Personal Injury Lawyers
Under NRS 7.055, a client can terminate their personal injury lawyer at any time.
However, although NRS 7.055 allows clients to end a client-attorney relationship, NRS 7.095 states that a client may still be responsible for paying any legal fees accumulated up to cancellation.
What to Do If Your Attorney Prevents You from Switching Lawyers
If your current attorney is preventing you from switching or making it hard for you to do so, it's crucial that you understand that you have the legal right to switch accident attorneys, no matter how much your lawyer pressures you not to.
Understand Your Rights
Under NRS 7.055, you have the right to switch lawyers without any legal repercussions from your old lawyer.
Seek Help From Your New Lawyer
Ask your new lawyer to assist in transferring your case and inform them of any problems your old attorney may be causing you.
File a Complaint with the State Bar
If your lawyer resists your attempt to switch to a new lawyer, it's recommended that you file a formal complaint with the Nevada State Bar.
By doing so, the State Bar may apply pressure on your old attorney, allowing you to make the switch.
Switch to an Experienced Las Vegas Injury Lawyer Today
If you are planning on terminating your current attorney and you are worrying about potentially hiring another inexperienced lawyer, contact a personal injury lawyer at The Rodney Okano Car Accident Lawyer Law Firm.
With over 20+ years of experience, our car accident lawyers successfully represent clients daily and ensure you'll receive the compensation you're entitled to.
Schedule a free consultation with one of our personal injury lawyers today by calling (702) 566-3600 to seek compensation successfully.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
