In Illinois, you have the right to switch lawyers mid-case for any reason. Dealing with an injury after a car wreck, slip and fall, or other accident is stressful on its own, but poor legal representation can make your situation even more difficult. It can be frustrating when your lawyer is unreachable, unorganized, or does not give your case the attention it deserves.
If you’re dissatisfied with your current representation, you can switch attorneys in your personal injury case. Our team explains how it works, what you can do, and how to find the right personal injury lawyer for your needs. Contact us to learn more with a free consultation.
Common Reasons People Switch Personal Injury Lawyers
When you hire a lawyer, you trust them to handle your claim to the best of their abilities. Unfortunately, some attorneys are underqualified or overwhelmed and fall short of expectations. There are many reasons why people decide to change attorneys in the middle of a case, including:
- Communication issues: Unresponsive behavior, delayed calls, or ignored concerns and questions
- Lack of legal experience or strategy: The lawyer seems to be disorganized, unqualified, or lacks a clear path to resolve your case
- Unprofessional conduct: Being treated poorly, feeling pressured to settle when you don’t agree, or learning your lawyer is possibly mismanaging your claim
- Stalled case progress: Your case shows no signs of moving forward or your lawyer is unsure what steps to take to progress your case
If you’ve communicated your concerns to your lawyer and no improvements have been made, it may be time to switch your legal representation.
How To Switch Personal Injury Lawyers in Illinois
You can switch personal injury attorneys at any time during the claims process, including before the lawsuit is filed and during litigation. Consider following these steps for a smooth transition:
- Secure new representation: Hire a new firm first to avoid gaps in your case or missing court deadlines.
- Review your agreement: Check your current contract for termination clauses and proper procedures.
- Formal notification: Send a termination letter clearly stating that you’re ending the lawyer-client relationship.
- Transfer the case file: Ask for a copy of your case file and give instructions on where the lawyer can send further information or communication.
- File a notice with the court: If a lawsuit is active, your previous lawyer must file a motion to withdraw, and your new lawyer must file a formal notice to officially take over the case.
Your new lawyer can assist with some of these steps, including reviewing the terms of your previous contract.
Will Switching Lawyers Hurt My Personal Injury Case?
While changing counsel doesn’t hurt your case, it’s important to understand the impact it can have on your claim, such as:
- Changes to case timelines: It can take time for your new lawyer to catch up on the details of your case, which can add more time to the overall process.
- Fees due to the lawyer: Your former attorney may still be entitled to a percentage of the legal fees for work already performed. The idea of having to pay double is a common misconception. In Illinois, legal fees are typically split between lawyers based on the work each completed.
- Possible improvements: After switching lawyers, your new legal team may have ideas to improve strategies, gather key evidence, and strengthen your claim. This could potentially put you in a better position to reach a favorable outcome.
How To Find the Right Personal Injury Lawyer in Chicago
If choosing a new personal injury attorney in Chicago feels overwhelming, here are some considerations that can help you narrow down your choices:
- Proven results: A firm with a history of successful settlements and trial wins shows that the firm has relevant experience and can take your case to court when necessary.
- Local presence: Look for an attorney who is familiar with Cook County courts, judges, and local insurers. Also, having connections with Chicago police departments and medical professionals at local hospitals is invaluable for gathering evidence and testimony quickly.
- Ratings and reviews: See what previous clients have to say about working with the lawyer or law firm. It’s a good sign if they talk about responsiveness, clear communication, caring support, and reliable legal advice.
- Free consultations: Schedule a free review with the potential lawyer to ask questions about their legal services and how they might help with your case.
Financial Considerations When Changing Attorneys
Most personal injury attorneys work on a contingency fee basis, which means they are not paid upfront. Instead, their fee is paid as a percentage of the total amount they secure for your claim.
When you change attorneys in the middle of a case, your former lawyer may still be owed a fee, but Illinois law protects you from having to pay double. Under the legal doctrine of quantum meruit, each lawyer is only owed for their respective contributions to your case.
At Levin & Perconti, it will cost you nothing to work with our team unless your case is successfully resolved. Contact us to learn more about our services and what fees you can expect if you decide to hire our firm after leaving your former lawyer.
What Happens if My Current Lawyer Is Uncooperative or Refuses to Transfer My Case File?
There are legal procedures lawyers must follow, such as holding or transferring funds and providing you with your case file when requested. If your attorney refuses to transfer it, they may be in violation of the Illinois Rules of Professional Conduct.
Here are steps you can take if your lawyer continues to be uncooperative:
- Your new lawyer can send a formal “Authorization to Transfer File.” Attorneys are more likely to comply if a peer is involved.
- If your case is already in court, your new lawyer can ask a judge to order the immediate release of your file to avoid delays in your case.
- Consider filing a complaint with the Illinois Attorney Registration and Disciplinary Commission (ARDC).
In Illinois, a lawyer generally cannot withhold a file for unpaid fees if doing so harms your case. Work closely with your new attorney to navigate this process and protect your rights.
How Long Does the Entire Process of Switching Lawyers Typically Take?
Switching personal injury lawyers typically takes about two to four weeks, but the overall impact on your case timeline depends on the complexity of your situation. The general timeline may look similar to this:
- Right away: If your lawsuit is already in progress, your new lawyer will immediately file a “Notice of Appearance” or “Motion to Substitute Counsel” with the court.
- One to two weeks: Your former attorney is legally required to transfer your case file promptly to avoid delays to your claim.
- Two to four weeks: Your new attorney conducts a thorough review of evidence, medical records, and prior negotiations to get up to speed with your case.
Speak With a Chicago Personal Injury Attorney About Your Options
If you have questions about changing personal injury attorneys, why you may be able to switch, or even if it’s too late to change lawyers, our team has answers. With more than 400 years of combined legal experience and over $1 billion recovered in verdicts and settlements, we have in-depth knowledge of the legal process and how to help our clients.
Call 312-667-4033 or contact us online to schedule a free consultation with our team. We can review your case and offer guidance on switching lawyers.
