Can I Switch Lawyers in the Middle of A Case?
When you are involved in a personal injury case, if you become dissatisfied with your attorney, you may begin to wonder whether you can switch attorneys. But CAN you switch lawyers in the middle of your personal injury case? Typically, the answer is yes. Below is what you need to know about changing attorneys during your injury claim:
Can I Switch Lawyers?
In most cases, the answer is yes. Generally, you have the right to choose what attorney you want to represent you. If you change your mind about who you want to be your lawyer, you can fire them and hire a new lawyer. There are certain limitations on your right to change lawyers. But usually, you can switch lawyers at any phase of your case.
Why Do People Switch Lawyers?
There are various reasons why people would want to switch lawyers in an injury case. Here are a few reasons why:
- The lawyer fails to return phone calls and emails
- It seems like your case is not receiving the attention it deserves
- Your lawyer insists on exploring avenues you are not comfortable with
- The lawyer’s game plan does not make sense to you
- You lack guidance
- Your lawyer does not explain things well to you
- The lawyer pressures you to accept an unfair settlement amount
- Your lawyer seems inexperienced
- Your lawyer is rude and inconsiderate
How Do I Switch Lawyers?
To switch lawyers, there is a process that must be followed. Your plan of action for doing so depends on where you’re at in the case. If you’ve already filed your complaint, you need to do proceed with a substitution of counsel. The substitution of counsel is a formal notice to the court and to the other parties involved in the case that you’re switching counsel. Nevada Rules of Civil Procedure Rule 5 touches on this matter.
If you haven’t filed a complaint yet, it’s much simpler to switch attorneys. Your new lawyer can simply advise your current lawyer that you are switching attorneys. In addition, your new lawyer can advise all other parties involved.
Are There Any Reasons Why You Can’t Switch Lawyers in the Middle of a Case?
There are a few limitations to switching lawyers in the middle of an injury case. If a switch will delay the court case, the court may not allow you to change lawyers. If you’re debating switching lawyers, it’s imperative that you hire a new lawyer immediately. The sooner you switch lawyers, the more likely the courts will permit the change.
About Your Right To Switch Lawyers
The right to select an attorney that you want to represent you is a long-established rule in Nevada, as well as throughout the United States. Most case law that is centered around the right to choose your attorney references criminal law; however, the rule covers civil cases as well. The right to select your lawyer in a criminal case is derived from the 6th Amendment to the United States Constitution. The 6th Amendment provides criminal defendants the right to choose an attorney. As such, Millen v. Dist. Ct. is a Nevada Supreme Court case that discusses a persons’ right to choose their attorney.
Choosing Your Own Attorney Ensures A Fair Trial
Your attorney is a hired representative that acts on your behalf. In other words, it provides you with more control over your case. Whether your choice is good or bad, you retain the right to choose your own attorney as the courts believe that it’s an important part of ensuring a fair trial.
If you have questions about your case, contact an experienced personal injury lawyer at The Injury Firm. Our lawyers are more than happy to sit down with you to talk about whether or not a switch is in your best interest. All consultations are free so you can have the confidence to know you’re making the right decisions in your case.