Can You Fire Your Personal Injury Lawyer?

Q: Will firing my lawyer cost me extra?

You generally will not pay two full fees. The total contingency fee is typically split between the old and new firms based on the work each did, so your overall fee usually stays about the same.

Q: Will I lose progress on my case?

No. Your file, evidence, and case history transfer to your new attorney, who picks up where the last one left off.

Q: Can I switch lawyers right before trial?

You can, but timing matters. Late changes can be more complicated, so discuss the timing with a prospective new attorney before deciding.

You hired an attorney to fight for you, but what if the relationship is not working? Maybe your calls go unanswered, deadlines slip, or you feel pushed toward a quick, low settlement. The good news: you are not stuck. You have the right to change lawyers, and doing so usually will not cost you extra.

The short answer

Yes. You can fire your personal injury lawyer at almost any time and hire a new one. Your case file transfers to the new firm, and because most work on contingency, the single fee is typically split between the two firms based on the work each did, so switching usually does not increase what you pay.

Reasons people switch attorneys

Poor communication. You cannot reach your lawyer or get updates.
Lack of progress: the case seems stalled or deadlines are missed.
Pressure to settle low. You feel pushed to accept less than the claim is worth.
Wrong experience: your case needs someone who handles serious or complex injuries.
Loss of trust. You simply do not feel your interests are the priority.

How switching works

Consult a new attorney

Most offer a free consultation and can tell you whether switching makes sense for your case.

Sign with the new firm

They notify your former attorney and request your file so nothing falls through the cracks.

Fees are sorted between firms

The prior firm may assert a lien for its work, resolved out of the single contingency fee, not by charging you twice.

Unhappy with your current lawyer? Get a free second opinion.

FREE CASE EVALUATION

A second opinion is free, and low-risk. If you are unsure whether your case is being handled well, talking to another firm costs nothing and helps you decide. The most important thing is that your claim gets the attention it deserves before deadlines pass.

Frequently asked questions

Will firing my lawyer cost me extra?

Usually not. The total contingency fee is typically split between the old and new firms based on work done, so your overall fee stays about the same.

Will I lose progress on my case?

No. Your file, evidence, and history transfer to your new attorney, who picks up where the last one left off.

Can I switch lawyers right before trial?

You can, but timing matters. Late changes are more complicated. Discuss timing with a prospective attorney first.

How do I know if I should switch?

Warning signs include poor communication, missed deadlines, pressure to settle low, or a lack of experience with your type of case.

Think your Utah injury case deserves better?

Get a free, no-pressure second opinion. Robert J. DeBry & Associates has fought for injured Utahns since 1981. No fee unless we win.

Get your free case review

Or call 801-888-8888, available 24/7

This article is general information and is not legal advice. Every case is different and outcomes depend on the specific facts. Speak with a licensed Utah attorney about your situation. Reading this article does not create an attorney-client relationship.