Can I Switch Car Accident Lawyers?
Yes. In California you can fire your car accident lawyer and hire a new one at any time, for any reason, without owing two full fees. Your former lawyer is entitled only to the reasonable value of work already done, paid from the eventual settlement — the switch itself costs you nothing upfront.
Unhappy with how your case is going? Get a second opinion — 24/7.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
Do I have the right to change lawyers in the middle of my case?
Yes — the California Supreme Court settled this decades ago: a client may discharge an attorney at any time, with or without cause (Fracasse v. Brent (1972) 6 Cal.3d 784). Your case file belongs to you, and your former lawyer must promptly release it to your new counsel (Cal. Rules of Prof. Conduct, rule 1.16(e)).
Will I have to pay two lawyers?
No. Under Fracasse, a discharged contingency lawyer can recover only the reasonable value of services performed (quantum meruit), payable when and if the case recovers — and in practice the two firms divide one contingency fee between them. Your percentage does not double; ask any new firm to confirm in writing that the total fee will not increase because of the switch.
When does switching lawyers make sense?
Common, legitimate reasons: months of silence and unreturned calls, no demand sent long after treatment ended, pressure to accept an offer you don’t understand, discovering your case is actually being handled by an unsupervised assistant, or a firm that won’t file suit as the two-year deadline (Code Civ. Proc. § 335.1) approaches.
Weaker reasons: a case simply taking time (treatment has to finish before value is known — see how long settlements take), or a valuation you dislike but haven’t had explained. A second opinion can tell you which situation you’re in.
How does the switch actually work?
Your new lawyer handles it: you sign a new retainer and a substitution of attorney form (Judicial Council form MC-050 if a lawsuit is on file), the new firm notifies the old one and the insurers, and the file transfers. You don’t have to have the awkward conversation yourself, and the insurance company has no say in it.
Will switching hurt my case?
A switch handled promptly does not reset your case — the evidence, medical records, and claim history come with the file. The real risk is timing: switching days before a statute deadline or trial date is hard for any new firm to absorb. If you’re considering it, get the second opinion now rather than at the deadline.
Second opinions are free to ask for.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
