Under Colorado law, you have the right to change attorneys at any time, even in the middle of a case, as long as it doesn’t cause unreasonable delay if your case is already in court. Still, doing so can prolong your case and lead to additional complications. Choosing the right attorney from the beginning can help you avoid complications down the line. A Denver personal injury lawyer at Zara Injury Law will handle your case with insight, attention, and professionalism.
What are common reasons for switching attorneys in a personal injury case?
No one partners with a personal injury attorney thinking they will change attorneys mid-case. It is better to know upfront what makes a good personal injury lawyer and what qualities to avoid, so there is no need to change.
If your attorney doesn’t return phone calls, this may be a red flag. While no one can answer the phone and chat immediately for every call, they should return your calls and ensure that your concerns and questions are addressed. When they don’t do this, it can be easy to lose confidence in how they handle your case.
Another reason for switching is loss of confidence. You may feel your attorney isn’t doing enough to pursue the best possible outcome. They may encourage you to accept low settlements quickly rather than negotiate a higher settlement with the insurance company or take the fight to trial.
Not all personal injury cases go to trial, but when a lawyer seems unwilling to pursue litigation when necessary, your confidence in their abilities may waver. If you’re unsure whether to switch, consider raising your concerns directly with your current lawyer. Sometimes, miscommunication, not incompetence, is the issue.
How do I switch attorneys in a personal injury case?
Your new personal injury lawyer can help make switching representation a smoother process. Your new law firm will help you draft a letter ending your partnership with your original firm. Avoid terminating your original attorney until you’ve secured new representation. Your new lawyer can help you handle the transition smoothly.
Your new attorney will get in touch with the previous lawyer to request documents, evidence, and all other important case information. You will not have to make those calls or requests. Under Colorado Rules of Professional Conduct (Rule 1.16(d)), your former attorney is required to release your case file promptly and cooperate with your transition. If your case has already been filed in court, your new attorney will also submit a substitution of counsel notice, which may require court approval.
When should I switch attorneys?
If you need to switch lawyers in the middle of a case, it is best to make the change as soon as possible. While some time may be lost as your new attorney gets up to speed, switching early ensures they have time to prepare your case effectively.
Your new attorney may need time to review the file and understand your case strategy. This short delay is usually worth it if you’ve lost confidence in your current representation. Your new attorney will work to move your claim along as efficiently as possible and fight to get you the compensation you truly deserve.
Will I lose money if I switch lawyers during my case?
There can be financial complications if you switch law firms mid-case. Most personal injury lawyers work on a contingency. This means you only pay them if they secure a settlement or trial award. Their contingency fee is a percentage of the award amount. A skilled attorney should seek the full damages allowed under Colorado law.
Your previous lawyer may assert an attorney’s lien under Colorado law to recover fees for work performed before the switch. This lien could be deducted from your final settlement or judgment. Your new attorney will often negotiate this fee split, so you’re not penalized financially.
Can the court ever deny an attorney switch?
Personal injury cases do not automatically go to court. Your attorney may undertake negotiations with the at-fault party before filing a personal injury claim with the court. If you lose confidence in your attorney before filing the claim, you do not have to inform the court of your decision to switch attorneys.
If your case has been filed, the court must approve the substitution of counsel through a formal motion. Courts in Colorado may deny the switch only if it would cause undue delay, prejudice the other party, or disrupt trial proceedings.
We will see your case through
Zara Injury Law is here to help you resolve your personal injury claim in the best way possible. Call (866) 823-8288 or connect with us online for a free consultation. We’re committed to providing honest advice, strong representation, and personalized service, so you feel confident in your choice. Our case results demonstrate that we fight for maximum compensation and provide every client with top-notch service.