Getting halfway into a case with a lawyer you hate working with is certainly better than getting all the way to the end of the case with a lawyer you hate working with. If you find partway through your claim that you want a different lawyer, it is important to understand the risks and laws about switching lawyers in the middle of a Workers’ Comp case.
First, you can legally switch lawyers. No one can require you to keep working with a lawyer you don’t like, especially if they’ve been unprofessional or untrustworthy or they’ve demonstrated they aren’t competent in Workers’ Comp law. However, there are some drawbacks and downsides, some of which might make it harder to find a new lawyer.
For help with your case, contact our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law by dialing (267) 651-7945.
Can I Switch Lawyers in the Middle of My Workers’ Comp Case?
If you have already started a Workers’ Compensation claim with one lawyer, you can certainly switch to a different one. There is nothing in the law – or in a contract for legal services – that should stop you from being able to switch attorneys.
Lawyers simply cannot force you to continue working with them if you do not want to. This would be unethical, and it would unfairly put the lawyer’s priorities ahead of the client’s.
There may be some exceptions if the timing is awkward or inappropriate, such as trying to fire your lawyer in the middle of a hearing before a judge. In a situation like that, you might need the judge’s permission to pause the hearing and reschedule so that you can come back with a new lawyer.
If the judge thinks you are doing this to try to cheat the system or unfairly delay a case that isn’t going your way, they might say no. This might prevent you from firing your lawyer on the spot, but you can let them go later and appeal or ask for a new hearing after you get a new lawyer.
When Can I Fire My Lawyer?
You can decide to go in a different direction at any stage of your case. Whether you only just filed your Claim Petition or you are nearing a settlement, it is your choice to change lawyers when you want to.
Do I Need a Reason to Fire My Lawyer?
You can decide to change lawyers for any reason or for no reason. Usually, you should give the decision some strong consideration and only proceed with firing your lawyer if you have a good reason to.
Many people end up working with a different lawyer because of serious issues like these, some of which might even constitute legal malpractice:
- Fraud
- Demeaning language
- Missing deadlines
- Not communicating about the case
- Incompetence in Workers’ Compensation law
- Not informing you of settlement offers
- Undisclosed conflicts of interest.
Other personal reasons are perfectly acceptable, even if they do not rise to the level of potentially unprofessional conduct:
- Bad vibes
- Personality differences
- Different communication styles or delayed responses
- Impatience on either side
- Lawyer seems “too busy” to handle your case
- Preference for a big firm, small firm, or solo practitioner
- Finding a lawyer with more experience/training.
You can also fire a lawyer if the case just isn’t going in your favor. That might not be the lawyer’s fault at the end of the day, but trying a different approach with a different lawyer may be the change that saves your case.
You may also want to switch lawyers because you discovered that some attorneys, like ourselves, have additional certifications in Workers’ Compensation law that other injury attorneys do not have.
Should I Find a New Lawyer Before or After I Fire My Current Lawyer?
If you fire your lawyer first without having a new lawyer lined up, it could mean delays in your case. You probably cannot continue with your case until you find a new lawyer, and finding a new lawyer to pick up a case in the middle can be a complex issue, as we will address below.
Because of this, it is often best to end representation with your original lawyer after you find a new lawyer who has agreed to continue your case. This prevents any delays and lets the lawyers hand over materials and evidence in a smoother transition.
You should, however, stop services with your original lawyer soon to avoid overlapping and having to pay the original lawyer for more of their time.
How Do I Pay for Both Lawyers if I Switch Attorneys During My Case?
Most Workers’ Compensation lawyers take cases on a contingency fee basis. This means that they will only get paid if you win. The pay comes out of the winnings as up to 20% of the award. If you have two attorneys, both working on contingency fees, they have to split the 20% fee.
Your new lawyer might be reluctant to take on a reduced fee, especially if they will be the one who ultimately wins your case. Your lawyers might even need to go to court over the fee arrangement if they can’t agree, potentially making it harder for a new lawyer to say yes.
Will a Second Lawyer Take My Case?
As mentioned, there are some potential complications in finding a second lawyer to take up your case because of fee splitting. Lawyers might also be reluctant to take on a case because they could be accused of poaching or stealing clients.
At the end of the day, lawyers should work in their clients’ best interests, and allowing someone to stay with a lawyer they hate or a lawyer who is ruining their case is ultimately not best for the client.
Talk to your potential new attorney and discuss with them why you want to switch lawyers and what kinds of issues are going on with your original attorney. Especially if your original attorney is mistreating you or acting unprofessionally, you can likely find an attorney willing to help.
Call Our Workers’ Compensation Attorneys in Pennsylvania Today
Call Cardamone Law’s Plymouth Meeting, PAWorkers’ Compensation attorneys for a free case evaluation at (267) 651-7945 today.
