we did not sue yet
the driver who hit me is 100% liable
Yes. Retain someone you are comfortable with and he/she will make arrangements with the out going attorney. Be sure that the reason you want to change rests with lawyer and not expectations that will never be achieved. In case it's the latter, you will never be happy with any lawyer you choose.
Strongly suggest you try to resolve the issue with your current attorney first. If that cannot be accomplished then you should interview a few attorneys before making a change. You have an absolute right to change and it will not cost you an additional fee. Usually there may be a simple miscommunication.
A client always has the right to change lawyers, even if for no vaild reason, but follow the wisdom of Mr. Post's commentary and make sure your decision to change is because of a lack of confidence in what your lawyer is doing versus an unrealistic expectation that no lawyer will likely wind up meeting, If you are going to switch lawyers, it is best to do it quickly particularly since your lawsuit has not actually been filed yet.
Jeffrey I. Schwimmer, Esq.
20 Vesey Street - Suite 1200
New York, NY 10007
The short answer is yes you can change counsel. The long answer is that most other lawyers are not going to touch the case unless your current lawyer puts in writing that he will waive any fee liens. You see, a personal injury lawyer on contingency is entitled to be paid in quantum merit (in part) for the work he did on the case. What could happen is that your new lawyer gets the case, settles it, and ends up in a fee dispute with the other lawyer. I would take the case so long as the other lawyer waived any fee lien, or you agreed to pay any additional fee that lawyer would be entitled to out of your recovery.
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