The client’s decision
You are not trapped in an attorney-client relationship.
Trust and communication are essential in a personal-injury case. If that relationship has broken down, New York law generally allows the client to choose different counsel.
A client ordinarily may discharge an attorney at any time, with or without cause. That does not mean changing counsel is always the best strategic decision, particularly immediately before a deposition, motion deadline, mediation, or trial. It does mean that concerns deserve an independent and confidential review.
The first step is understanding the present condition of the case, what has already been done, what remains, and whether the concerns can be addressed.
Attorney’s fees and expenses
Changing lawyers usually does not create a second contingency fee.
In a typical New York personal-injury matter, the former and new attorneys address any fee division or charging lien from the attorney’s fee ultimately generated by the recovery. The client does not ordinarily pay two full contingency fees merely because counsel changed.
The precise outcome can depend on the retainer agreements, the work performed, whether the former attorney was discharged for cause, and applicable law. Case expenses are separate from the attorney’s fee and must also be reviewed. Before accepting a transfer, new counsel should identify outstanding expenses, claimed liens, and any agreements affecting the file.
A managed transition
How changing attorneys works.
Confidential consultation
Discuss the concerns, case history, injuries, prior offers, deadlines, and current procedural status.
Independent case review
New counsel evaluates the available papers and determines whether the matter can responsibly be accepted.
Written substitution
If the client decides to proceed, the required retainer and attorney-change documents are prepared and filed when needed.
File and deadline transfer
New counsel obtains the file, calendars every deadline, addresses prior counsel’s lien, and takes responsibility for moving the case forward.
When a review may be warranted
Concerns worth taking seriously.
A difficult moment or an unfavorable development does not necessarily mean the attorney has mishandled the case. Persistent problems, however, may justify an independent review.
Communication has broken down
Repeated calls and messages go unanswered, or important developments are not explained clearly.
You do not understand the plan
You cannot get a clear explanation of the case strategy, current posture, next steps, or significant deadlines.
The case appears to be drifting
Long periods pass without an understandable reason, and you cannot determine what work is being performed.
Trust has been lost
You feel pressured to make a major decision without adequate information or no longer believe your interests are aligned.
Do not ignore the calendar
Changing lawyers does not pause the case.
Statutes of limitations, court conferences, discovery demands, motion deadlines, expert disclosure dates, and trial schedules continue to apply while a change is considered. The closer a matter is to a major deadline or trial, the more carefully the transition must be evaluated.
Do not discharge current counsel and assume that another attorney will automatically take over. A prospective new lawyer first needs enough information to evaluate the case and must expressly agree to accept responsibility. Until a change is completed, existing deadlines and instructions from the court remain important.