You may change your personal injury lawyer in Colorado at almost any time and for a variety of reasons. The most common reason is a lack of communication from the lawyer. However, you may not be able to switch lawyers if your case goes to trial. Then, the judge could prevent you from switching lawyers.
Choosing a new personal injury lawyer doesn’t need to be an overwhelming process. If you follow the proper steps, making this switch could help you feel more confident about your case.
Don’t try to handle your case on your own, though. Call The Wilhite Law Firm for a free case evaluation where you can determine if we’re the lawyers for you.
What Are Some Reasons for Changing Personal Injury Lawyers During a Case?
Personal injury victims may change their lawyers for various reasons. Common examples are:
- Lack of Communication – Colorado personal injury lawyers may not always respond immediately to emails and calls about the status of a claim. However, if you consistently feel you’re not able to get a response from your attorney, you may look for another.
- Your Lawyer Wants to Settle Too Early – Because insurance companies often lowball personal injury victims with early offers and settlements, you deserve representation from someone who knows how to reject these offers. Consider reviewing your case with other personal injury law firms if you think your lawyer is pressuring you to accept an unreasonably low settlement.
- You’ve Done More Research – Hiring a Colorado personal injury lawyer fairly quickly after being injured is wise. The sooner a lawyer can get started on your case, the better. However, maybe you rushed to hire a lawyer without thoroughly researching their credentials. You might have accidentally hired someone without enough experience. Perhaps you’d like to switch attorneys now that you’ve done more research.
What Is the Process for Switching Attorneys?
The process of switching attorneys runs most smoothly when Colorado personal injury victims follow these steps:
- Meeting with New Lawyers – Don’t fire your current lawyer without hiring a new one. Doing so could jeopardize your case during the time you have no representation. If you’re thinking about switching attorneys, start by setting up consultations with other firms. You don’t want to hire a new lawyer only to find they’re also not qualified to represent you.
- Notifying Your Current Attorney – Once you’ve found a new firm and officially hired them, notify your current attorney that you’re firing them. Your new attorney can handle this for you.
- Making the Switch – Your new and old attorneys should coordinate to ensure as seamless a transition as possible. Your current lawyer may supply your new one with all relevant case materials so they can get started right away.
If I Fire My Original Lawyer, Does It Have to Be in Writing?
Yes. You must send a letter by certified mail even if you’ve already verbally let your attorney go. Request a return receipt as well when sending the formal termination letter.
Sending an official letter ending the relationship is key to speeding up the transition. Confusion about your plans could delay the process otherwise.
What Should Be in the Termination Letter?
The termination letter you send to your Colorado personal injury attorney should include the following:
- Your New Attorney’s Information – The lawyer you’re firing needs to know who to hand your case off to. Provide this information in your termination letter. Your new lawyer might also provide instructions on how your old one can contact them. Ask about this when you hire a new lawyer.
- A Clear Explanation – Get straight to the point. Ensure your letter clearly states you have hired a new attorney and are firing your current lawyer. You may also state your reasons for doing so.
- Case File Request – Request for the attorney you’re firing to send your case file to your new lawyer.
Some attorneys might attempt to change your mind in these circumstances. Don’t let that happen to you. If you’re clear about the fact that you already have a new lawyer, your current one should accept your decision.
Will I Still Have to Pay My Original Lawyer If I Switch?
Whether you have to pay your original lawyer depends on how they charged for their services and how much work they’ve put into your case. For instance, if they charged an hourly rate, you might need to pay for the work they’ve already done.
Many Colorado personal injury attorneys enter into contingency fee agreements with new clients. A contingency fee agreement states that a lawyer’s fee will be a percentage of the compensation they win for their client.
If you hire a new attorney, they should work out an agreement with your old one. The agreement will define how much pay your old lawyer may receive if your new one wins your case. Thus, as long as you’ve hired a new lawyer who uses contingency fee agreements, you won’t have to pay if you don’t get paid.
Are There Some Instances Where I Might Not Be Allowed to Change Lawyers?
Colorado court rules state it’s vital that clients keep courts updated about major changes to their cases if they go to trial. Your case may go to trial if you have filed a lawsuit. This can happen when an insurance company’s personal injury settlement offers are too low.
If your case is going to trial and you plan to hire a new attorney, you need to update the court accordingly. In some circumstances, the court may decide you need to continue with your original lawyer.
For example, a judge may determine you’ve already made too much progress with your current attorney to engage a new one or that your trial will occur immediately. Allowing you to hire a new lawyer could result in unreasonable delays. If you switch attorneys without notifying the court, the judge may even dismiss your case.
Contact a Colorado Personal Injury Lawyer
Whether you’re looking for your first Colorado personal injury attorney or you’re looking to replace your current lawyer, our team at The Wilhite Law Firm is on hand to answer any questions you may have about your case. Since 1977, we’ve cultivated a reputation for providing personal injury victims with reliable service. Call us today or contact us online for your free case review.
