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I'm not happy with my current personal injury lawyer, ( AUTO ACCIDENT, still in pain still in treat) can i change him?

Long Island City, NY |

we did not sue yet
the driver who hit me is 100% liable

Attorney Answers 6


  1. 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.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. 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.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  3. Yes, you may change. However, make sure it is for the right reasons as discussed above.
    http://www.phillyinjurylawyer.com/

    Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103 http://www.phillyinjurylawyer.com/


  4. 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
    800-370-3010
    JSchwimmerEsq@verizon.net


  5. 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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