Can I Change My Lawyer in a California Personal Injury Case?

14Feb

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Yes — in most California personal injury cases, you can change your lawyer. People do it more often than you’d think, especially when communication breaks down or the case feels stalled.

But you need to do it the right way, at the right time, so you don’t damage your case or create unnecessary delays.

This guide explains how switching attorneys works in California, what happens to fees and liens, what to ask your new lawyer, and the safest step-by-step process.

(General information only, not legal advice.)

The Straight Answer: Yes, You Can Switch Attorneys

In California, a client generally has the right to discharge (fire) their attorney at any time — with or without a reason.

Common reasons people switch:

• you can’t reach your lawyer / no updates

• you feel pressured to settle too early

• you don’t trust the strategy

• you discovered serious evidence (video/witnesses) isn’t being pursued

• your case got handed off to a “case manager” and you never talk to the lawyer

• the lawyer isn’t a trial firm and you want a more aggressive approach

• you moved or the firm is too far / not responsive

Switching doesn’t automatically mean your case was “bad.” It often means you want better execution.

When Switching Lawyers Makes the Most Sense

1) You’re getting poor communication

If you’re consistently dealing with:

• unanswered calls/emails

• vague updates (“we’re working on it”)

• no clear plan

• no timeline

That’s a fair reason to change.

2) Your case is stalling (and you don’t know why)

A personal injury case should have visible progress:

• getting all medical records/bills

• investigating liability (video, maintenance logs, incident reports)

• insurance communications documented

• demand package timing

• litigation plan if needed

If months are passing with no clear steps, get a second opinion.

3) You’re being pushed to accept a low offer

If you’re still treating or your injuries aren’t fully diagnosed and you’re being pushed to settle, that’s a red flag.

4) Your case requires trial strength

Some cases need a firm that’s ready to litigate:

• serious injuries

• disputed liability

• commercial defendants

• government property cases

• big insurance carriers with aggressive defense counsel

If you hired a “settlement mill” and your case deserves more, switching may increase leverage.

Watch: California trial lawyer Omid Khorshidi explains when it makes sense to change your personal injury lawyer, what happens to fees/liens, and how to switch without harming your case.

When You Should Be Careful About Switching

Switching is allowed, but timing matters.

Be cautious if:

• trial is very close

• important deadlines are within days/weeks

• the case is mid-litigation with pending motions

• there’s a mediation scheduled soon

You can still switch, but you want the new firm ready to step in immediately.

What Happens to Fees If You Switch Lawyers in California?

This is the #1 worry people have.

If you signed a contingency fee agreement (most PI cases)

Usually:

• you don’t pay hourly fees

• the fee comes from the settlement or judgment

• if you switch, the original lawyer may claim a right to be paid for the work already done

In California, that typically shows up as a lien against your settlement and/or a claim for reasonable value of services (often called quantum meruit).

Important: In many cases, the lawyers work out the split between themselves so you’re not negotiating fee math.

But every case is different, and the fee handling depends on:

• what your contract says

• how much work was done

• why the lawyer was discharged

• whether the case later resolves or goes to trial

Will Switching Lawyers Cost Me More?

Often, not in the way people fear.

In many situations:

• the total contingency fee percentage doesn’t change

• the old and new firm split the fee behind the scenes

That said, some situations can become more complicated:

• if your contract has unusual terms

• if the first firm advanced costs and wants reimbursement

• if there’s a dispute about the lien amount

A good new firm will explain exactly how they handle prior counsel liens before you sign anything.

How to Change Your Personal Injury Lawyer (Step-by-Step)

Step 1: Get a second opinion first (quietly)

Before you fire anyone, talk to a new firm and ask:

• what they think your case value drivers are

• what evidence they’ll pursue immediately

• whether they’ll take over the case

• how they handle prior attorney liens

Step 2: Sign with the new attorney

Don’t terminate your current attorney until you’ve confirmed:

• the new attorney is officially taking the case

• they’re prepared to move quickly

• they’ll obtain your file

Step 3: Send a short termination letter/email

Keep it simple and professional:

“I am terminating your representation effective immediately. Please stop work and send my complete file to my new attorney.”

Step 4: Your new lawyer requests the full file

Your file should include:

• insurance communications

• medical records obtained

• incident reports

• photos/video

• settlement offers

• demand packages

• litigation documents (if filed)

• deadlines and calendar items

Step 5: Confirm deadlines and next steps

A good transition includes:

• confirming statutes of limitation

• confirming claim filing dates (especially public entity claims)

• confirming any scheduled hearings/mediations

• updating insurance adjusters and defense counsel about the new representation

California Courts: How to remove or add a lawyer (switch attorneys)

What to Ask a New California PI Lawyer Before You Switch

Use these questions to avoid switching from one problem to another:

1. Who will actually work my case day-to-day?
2. How often will I get updates?
3. Will I speak to the attorney or only staff?
4. What evidence do you plan to request? (video, logs, witnesses)
5. Do you litigate and try cases if needed?
6. How do you handle prior attorney liens?
7. What are the next 3 actions you’ll take in the first 14 days?

Signs You Hired the Wrong Firm (Common “Red Flags”)

• you never talk to your attorney

• you’re pressured to settle before finishing treatment

• they won’t pursue surveillance video

• they don’t explain “notice” in a slip and fall case

• they can’t clearly explain why the offer is low

• your case is “in review” for months with no movement

• they don’t want to litigate, ever

FAQs: Changing a Lawyer in California Personal Injury Cases

Can I change my lawyer if my case is already in a lawsuit?

Yes. It’s common. The court and the other side will be notified of the substitution of attorney. California CCP § 285 (notice when an attorney is changed)

Do I have to tell my lawyer why I’m switching?

No. You can, but you’re not required to provide a reason.

Will switching delay my case?

It can, briefly, while the new firm gets the file and reviews deadlines. A good firm minimizes downtime.

Will my old lawyer keep my file?

They should cooperate with transfer of the file. Your new firm usually handles the request.

Can the old lawyer take my settlement?

They can’t just “take it,” but they may assert a lien for fees/costs depending on the contract and the work performed.

What if my lawyer is pressuring me to settle?

That’s a common reason people seek a second opinion. You should understand the medical and liability picture before signing a release.

Bottom Line

If your lawyer isn’t communicating, your case feels stalled, or you don’t trust the strategy, switching attorneys in California is usually allowed — and sometimes it’s the move that protects your case.

The key is doing it cleanly: second opinion → sign new counsel → file transfer → confirm deadlines.

Free Case Review (California Personal Injury)

If you’re considering switching lawyers in a California personal injury case, we can review:

• where your case stands right now

• what evidence is missing

• whether the settlement posture makes sense

• the cleanest way to transition without harming the case

Call: (310) 273-2211
Email: contact@khorshidilaw.com
Office: 8822 W Olympic Blvd, Beverly Hills, CA 90211
(No fee unless we win. Past results don’t guarantee future outcomes.)