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Switching Lawyers Mid-Case: What Bay Area Personal Injury Clients Need to Know

Posted by Keefe Northland | Nov 27, 2024 | 0 Comments

Choosing the right lawyer can make or break your personal injury case, and sometimes, switching attorneys is the best decision for your future. If your lawyer's approach isn't delivering results, they are unresponsive, or their style just doesn't fit your needs, it may be time to explore other options. Fortunately, at The Geller Firm, you have access to experienced personal injury attorneys who can step in and provide the representation you deserve.

Here's what Bay Area personal injury clients should consider when switching lawyers:

1. Timing Is Everything

The timing of your decision plays a critical role in how smoothly the transition will go and how it may impact your case. Importantly, making a change early can minimize the damage an incompetent attorney may have done to your case.

  • In pre-litigation: If your case is still in its early stages, it's often easier to switch attorneys. The earlier you make the change; the less time and effort will be required for your new lawyer to get up to speed.
  • In litigation: If your case has progressed into litigation, consider how far along things are. Ask yourself:
    • Has discovery been completed?
    • Have significant motions been filed?
    • Have settlement negotiations begun?

If your current attorney has already invested significant time and effort, switching could be more complex. However, if you feel your case is being mishandled or your lawyer is unresponsive, switching to a skilled local attorney can still provide the fresh perspective and commitment needed to achieve the best outcome.

2. Fee Considerations

Switching lawyers mid-case does come with financial implications, but it may still be worth it for better representation.

  • Contingency fee cases: Most Bay Area personal injury cases operate on a contingency fee basis, meaning your lawyer only gets paid if you win. If you switch attorneys, your current lawyer will need to be compensated for the work they've already done. This usually involves splitting the contingency fee between your old and new lawyers, which your new attorney can handle during negotiations.
  • Hourly fee agreements: Although rare in personal injury cases, some attorneys charge hourly. If this applies to your case, your current lawyer may provide an itemized bill for their services.

While switching could slightly increase your overall costs, having the right lawyer on your side is priceless when it comes to maximizing your settlement or verdict.

3. Find a New Lawyer Before Switching

To avoid delays or disruptions in your case, it's crucial to line up your new legal representation before ending your current arrangement.

  • Seamless transition: Your new lawyer will take the lead in filing a Substitution of Attorney form (MC-050), which is required in California to formally replace your previous attorney.
  • Fee negotiations handled for you: Your new lawyer can also negotiate fees with your old attorney, taking the burden off your shoulders and ensuring a smooth handoff of your case.

Look for a personal injury lawyer in the Bay Area who has a proven track record of success, excellent communication skills, and a deep understanding of local courts and laws.

4. Your Rights Are Protected

In California, clients have the absolute right to change lawyers at any time, for any reason.

  • No fear of retaliation: Attorneys are ethically bound to act in their clients' best interests. Any attempt to harm your case after being replaced could lead to serious penalties, including disbarment.
  • Attorney-client privilege maintained: Any private communications with your former lawyer remain protected by attorney-client privilege, even if you switch to another one.

Rest assured, your decision to switch lawyers is fully within your rights and protected under California law.


The attorneys at The Geller Firm understand the unique challenges clients face, from complex car accidents on I-80 to pedestrian injuries in busy downtown streets. You need a lawyer who is not only knowledgeable about the law but also responsive, empathetic, and committed to getting results.

If you feel like your current attorney isn't fighting for you or simply will not pick up the phone, it's time to consider making a change. With the right legal team, you can feel confident knowing your case is in the hands of a skilled advocate who prioritizes your needs.

Don't let poor representation jeopardize your case. If you're in the Bay Area and considering switching lawyers, contact The Geller Firm for the experience, passion, and resources to secure the compensation you deserve. Your justice starts here.

About the Author

Keefe Northland

Keefe Northland is an attorney licensed by the State Bar of California.

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