Myths and Misconceptions About: Switching Attorneys

There are many myths and misconceptions about personal injury law and the car accident claims process.
In this series, we address the myths and misconceptions about liability, property damage, insurance coverage, rental cars, attorney fees and attorney retention.

Misconception

I can’t change attorneys once I have hired one to represent me.

Fact

You can change attorneys at any time, however, the attorney you are replacing will have a charging lien against the case that will have to be paid as soon as the case settles.

Normally, this lien is paid by the new attorney from his portion of the attorney fee. The amount of the attorney charging lien is usually determined by quantum meruit (the amount of time the attorney/paralegal spent on the case up to the point he/she was fired).

However, there are cases where the client may have to pay the attorney charging lien out of his/her portion of the settlement. That should be discussed before hiring a new attorney.