You placed your trust in a personal injury lawyer to fight for your recovery, but now you’re second-guessing that decision. Maybe your calls go unanswered. Maybe your case feels like it's stuck in neutral. Or maybe your gut is telling you something just isn’t right. In California, you have the right to choose who represents you, and that includes the right to change your mind.
Hiring a lawyer doesn't mean you're locked into the relationship forever. If things aren’t working out, you’re legally allowed to fire your personal injury lawyer, even if your case is already underway. That said, switching lawyers can impact your case timeline, fees, and legal strategy, so it’s best to make that decision armed with practical information about all of the considerations in switching lawyers.
Let’s walk through your rights under California law, reasons clients often fire their lawyers, and how to make a smooth transition if you decide it’s time for a change.
You Have the Right to Choose—and Replace—Your Lawyer
In California, a client can terminate their relationship with a personal injury lawyer at any time, for any reason or no reason at all. This is a right protected by both ethical standards and state law. Rule 1.16 of the California Rules of Professional Conduct explicitly states that a lawyer must withdraw if discharged by the client.
This principle applies whether you're a week into your case or approaching a trial date. The bottom line: the lawyer works for you. If the relationship is no longer serving your best interests, you're entitled to make a change.
But before taking that step, it’s worth understanding why things may be going wrong—and whether the issues can be resolved.
Why Clients Decide to Fire Their Personal Injury Lawyer
A poor lawyer-client relationship doesn’t always stem from incompetence. More often, it’s about trust, communication, or a mismatch in approach. Clients seek new representation for a wide variety of reasons, many of which are entirely valid and surprisingly common.
You feel ignored or left in the dark
Lack of communication is one of the most cited complaints clients make. If your lawyer doesn’t return your calls, fails to respond to emails, or constantly pushes you off to assistants, you may begin to feel like an afterthought. In a personal injury case, where your physical, emotional, and financial well-being are on the line, this kind of disconnect can erode trust quickly.
You’re uncomfortable with their strategy, or lack of one
You don’t need to be a legal scholar to sense when your attorney seems unsure about your case. If you’ve asked thoughtful questions and gotten vague or evasive answers, or if they can’t explain their legal strategy in terms that make sense to you, it’s reasonable to ask whether they’re truly equipped to handle your claim.
This is especially true if you’re sensing a reactive rather than proactive approach, where the lawyer only responds to court filings, deadlines, or your own outreach instead of setting a clear game plan from the beginning.
You’re constantly passed between staff
Some law firms operate like high-volume machines, with cases shuffled between multiple attorneys, paralegals, and intake staff. While that might work for the firm, it often leaves clients feeling like a case number. If you never speak to the same person twice, or if no one seems to know the details of your file, you may start wondering whether your case is truly a priority.
There’s been little or no progress
If months go by with no clear movement on your claim—no discovery, no settlement talks, and no updates—it’s natural to question whether your lawyer is being proactive. This is especially true if you’ve provided documentation, medical records, or other important information, only to feel like it disappeared into a void.
You feel disrespected or dismissed
Chemistry matters. A personal injury case is a deeply personal process, often unfolding during a physically painful and emotionally exhausting time in your life. If your lawyer speaks down to you, acts impatient, or shows no empathy for what you’ve been through, that relationship can become damaging, not just frustrating.
When Is the Right Time to Switch Lawyers?
California law allows you to switch attorneys at any stage of a personal injury case. However, timing matters, especially if your case is already filed in court.
If you’re early in the process, switching tends to be simpler. Your new lawyer can take over before too much groundwork has been laid. But even if your case is farther along, transitioning to new counsel is still possible. A seasoned attorney will know how to review prior filings, assess the strategy, and keep your case on track.
Here’s what to consider:
- Approaching trial: If your trial date is imminent, switching lawyers may delay your case. Courts don’t always approve last-minute substitutions unless there's a compelling reason.
- Your lawyer’s work to date: If your current attorney has already done significant work, they may file an attorney's lien seeking compensation from any eventual settlement (see below for more on this).
- Your own peace of mind: If you’re experiencing stress, confusion, or anxiety due to poor representation, that alone may be enough reason to change lawyers.
How to Fire Your Personal Injury Lawyer in California
Firing your attorney isn’t as simple as sending a text or leaving a voicemail. There are a few formal steps you’ll need to follow to end the relationship cleanly and avoid disrupting your case:
Step 1: Review your retainer agreement
Your initial contract may include terms about how to terminate the attorney-client relationship. Look for clauses related to termination procedures, outstanding costs, and file transfer policies.
Step 2: Secure new representation
Before cutting ties, it’s wise to consult with another personal injury attorney who is willing to take your case. Some attorneys may be hesitant to jump into a case mid-stream or late in the process, especially if trial is near or the case has complications. Confirm that your new lawyer understands your goals and is prepared to request the necessary case materials from your former counsel.
Step 3: Terminate in writing
A termination letter should be concise and formal. Clearly state that you are ending the attorney-client relationship effective immediately, and request a copy of your complete case file. Your new attorney can send this letter on your behalf if you prefer not to do it yourself. California lawyers are required to release all client property and refund any unearned fees under Rule 1.16(e).
Step 4: File a substitution of attorney form (if your case is in court)
If your personal injury lawsuit has been filed, the court must be formally notified of the change in counsel. In California, this is done through Form MC-050, Substitution of Attorney. Your new attorney will typically file this with the court while your previous lawyer submits a withdrawal.
What Happens to Legal Fees After You Fire Your Lawyer?
One of the most common concerns clients have is: Will I owe money if I fire my personal injury lawyer? In most cases, the answer is no, or at least not out of pocket.
In California, most personal injury lawyers work on a contingency fee basis. That means they only get paid if and when they recover compensation for you. If you decide to switch attorneys, you typically won’t have to pay the fired lawyer directly. Instead, any compensation owed to them will come out of the contingency fee at the conclusion of your case.
Here’s how that works:
Attorney’s liens and quantum meruit
Your former attorney may file a lien on your case. This is a legal claim for the value of the work they performed. California law allows lawyers to assert a lien under the quantum meruit principle, which means they can be compensated for the reasonable value of services provided before the termination.
For example, let’s say your original lawyer worked on your case for several months, and then you hired someone else. When your new attorney settles the case, both lawyers will split the fee based on the work each one performed.
You don’t pay twice
The total attorney fee that you ultimately pay upon settlement or verdict stays the same. You won’t pay two sets of lawyers 33% each, for example. Instead, the single contingency fee is shared, so you're not penalized for changing representation. Any dispute between the attorneys about how to divide the fee is usually handled between them or through arbitration.
Will a New Lawyer Take My Case?
It’s natural to worry whether another lawyer will want to step in after someone else has already worked on your case. Fortunately, many personal injury lawyers in California are open to taking over cases, as long as a few key factors are in place:
Case value and clarity
Lawyers will look at the potential value of your claim, along with the quality of documentation and how much progress has been made. If the case is strong and the existing file is well organized, another attorney may be more than willing to pick up where the last one left off.
Timing and workload
A new attorney will also evaluate how close your case is to trial or major deadlines. Taking over a case late in the process means they’ll have to review existing work and act fast. Some lawyers are comfortable with that; others may decline if the transition window is too narrow.
Fee-sharing agreements
Some lawyers may hesitate if they know a portion of the contingency fee will go to a prior attorney. This isn’t a deal-breaker, but it does factor into their decision. A seasoned personal injury lawyer will weigh the risks, rewards, and time involved before agreeing to take your case.
Tips for Making a Smooth Transition
Switching lawyers can feel intimidating, but with the right steps, you can protect your case and your peace of mind. These tips can help ensure the transition is seamless:
Be clear and direct
If you’re terminating the relationship, communicate that in writing. Be respectful but firm. Avoid long emotional explanations and focus on what matters: you’re ending the relationship and requesting your file.
Get everything in writing
Ask for a written acknowledgment of the termination. This can prevent confusion later, especially if your former attorney tries to dispute their involvement or assert a lien.
Gather your file promptly
California attorneys are legally obligated to provide your case file, even if you haven’t paid all fees. This includes medical records, pleadings, correspondence, and anything else related to your case. Your new attorney will need this information to avoid duplication and delays.
Let your new lawyer handle communication
Once you’ve hired new counsel, let them handle all direct communication with your previous attorney. This keeps things professional and ensures a smoother process.
Common Pitfalls to Avoid
Firing your personal injury lawyer is a serious decision. While it’s your legal right, poor execution can backfire. Here are a few mistakes to steer clear of:
Waiting too long
Delaying a switch, especially when your gut tells you something’s wrong, can cost you valuable time and leverage. If trust is already broken, it’s better to make the change early in the process than just before a court date or settlement conference.
Going without a lawyer
Never fire your lawyer unless you’ve already spoken with and secured a new one. Representing yourself, even temporarily, can expose you to legal risks and missed deadlines.
Burning bridges
Even if you feel frustrated, try to keep communication professional. Your former attorney will still need to cooperate in releasing your file and settling lien issues. Keeping things civil can make that process much smoother.
Ready for a Fresh Start? Call Legal Fighters Today.
If you’re in the Los Angeles area and your current personal injury lawyer isn’t giving your case the focus, clarity, or results you deserve, call us.
At Legal Fighters, we believe you should never feel stuck with representation that leaves you in the dark. Our team brings strategy, communication, and results-driven advocacy to you and your case from day one.
We’ve helped over 6,000 clients recover more than $2.5 billion, and we’re not afraid to go up against the giant corporations and insurance companies to fight for the compensation and care you deserve.
Whether you're dealing with a car accident, truck crash, pedestrian injury, or any other harm caused by someone else’s negligence in Glendale or the greater Los Angeles area, we can help you. We can see your case through, so you have the resolution you need to move forward.
Call (800) 210-0000 or reach out online for your free, no-obligation consultation. Let’s talk about what’s next—and how we can help you get there.