Can You Change Lawyers During a Florida Car Accident Lawsuit?
If you’re involved in a car accident lawsuit in Florida and feel your current attorney isn’t doing their job, you may be wondering if it’s too late to make a change. The answer is no—it’s not too late, and you have every right to switch lawyers, even in the middle of your case.
Changing attorneys can feel intimidating, especially when your case is already underway, but Florida law protects your right to choose the best legal representation. This article will walk you through why people change lawyers, how to do it, what to expect, and how to protect your claim when making the switch.
Why People Switch Personal Injury Lawyers
1. Communication Issues with Your Attorney
One of the top complaints clients have is a lack of communication. You might be calling or emailing your lawyer repeatedly with no response—or when they do respond, they give vague answers or brush off your concerns. This can leave you feeling frustrated and unsupported.
2. Feeling Left Out of the Process
You should feel informed and included in every major decision in your case. If your lawyer is making choices without consulting you or explaining your options clearly, you may begin to feel powerless and anxious about your future.
3. Lack of Progress on the Case
If your case hasn’t moved forward in months, and you’re getting excuses instead of updates, that’s a red flag. A good attorney should be proactively pushing your case ahead and keeping you in the loop throughout the process.
4. Strategic Disagreements or Settlement Pressure
Sometimes, lawyers may pressure clients to settle early for less than the case is worth. If you’re uncomfortable with the strategy your lawyer is pursuing or feel pressured to accept a low offer, you may want to consider other legal options.
5. Eroding Trust or Professionalism
Trust is the foundation of any attorney-client relationship. If you no longer believe your lawyer is advocating for your best interests, or you’re experiencing unprofessional behavior, it’s probably time for a change.
Is It Legal to Switch Attorneys During a Lawsuit in Florida?
Your Legal Right to Change Representation
Under Florida law, you have the right to change lawyers at any point during your personal injury case. Whether your lawsuit has just been filed or you’re weeks from trial, the law gives you the power to fire your current attorney and hire someone new.
Court Approval Is Typically Routine
In most cases, the court will approve an attorney change with minimal delay—especially if both your old and new lawyers cooperate professionally. However, if the case is very close to trial, the judge may require assurances that your new attorney can quickly get up to speed.
What Are Your Rights as a Personal Injury Client?
The Right to Fire Your Lawyer at Any Time
You don’t need a specific reason or cause to fire your lawyer. If the relationship isn’t working, you are legally entitled to move on.
The Right to a Copy of Your Case File
Your old attorney must release your full case file to you or your new lawyer upon request. They cannot withhold documents or obstruct the transfer process.
The Right to Seek a Second Opinion
It’s completely legal—and often wise—to consult with another attorney before making a final decision. You can get a second opinion while still being represented.
How to Change Lawyers in a Florida Personal Injury Case
Step 1: Review Your Current Contract
Begin by reading your original retainer agreement. It may include important information about terminating the relationship and how fees are handled if you decide to switch attorneys.
Step 2: Find a New Lawyer Before Terminating the Old One
Before ending your current attorney-client relationship, you should secure new representation. Not all attorneys accept cases mid-lawsuit, so be upfront and clear about your situation.
Step 3: Send a Termination Letter to Your Current Attorney
Once you’ve hired a new lawyer, you must notify your current attorney in writing. This formal termination letter should be short and professional, stating your decision to end their representation and requesting your case file be transferred.
Step 4: Notify the Court of the Attorney Change
Your new attorney will file a Notice of Appearance and your previous lawyer will file a Motion to Withdraw. These court documents officially update your representation on record and allow your new attorney to act on your behalf.
What Happens Financially When You Switch Lawyers?
Contingency Fee Agreements Stay the Same
Most personal injury attorneys in Florida work on a contingency fee basis—meaning they don’t get paid unless you win. If you switch attorneys, you’re not responsible for paying two separate legal fees. Instead, the lawyers will split the agreed-upon contingency fee based on the work each completed.
Attorney Liens on Your Settlement
Your former lawyer may file an attorney’s lien to ensure they are paid for their services. This lien is typically deducted from your settlement amount and does not come out of your pocket.
No Upfront Fees for Making a Switch
Switching lawyers mid-case generally does not result in additional costs to you. Just be sure your new lawyer agrees to the fee arrangement and understands the terms of your original contract.
Is It the Right Time to Make a Change?
Signs That You Should Switch Attorneys
If you feel ignored, uncertain about your case, or no longer trust your lawyer’s judgment, it may be time to take action. You shouldn’t have to guess where your case stands or chase your attorney for updates.
The Sooner, the Better
The earlier you make the switch, the easier it is for your new attorney to step in, avoid delays, and strengthen your case. Waiting until right before trial can create more stress and potentially slow down proceedings.
Common Problems That Lead to Changing Lawyers
Clients typically switch attorneys because of ongoing frustrations rather than one major issue. Some people feel that their lawyer doesn’t listen or is not taking the case seriously. Others experience pressure to settle too quickly, unreturned calls, or mistakes in court filings. These problems chip away at confidence and can hurt the outcome of your case.
Frequently Asked Questions About Changing Lawyers in Florida
Can I switch lawyers even if my lawsuit has already been filed in court?
Yes, you can. In Florida, you are allowed to change lawyers at any point during your personal injury case, whether it’s before filing a lawsuit, after it has been filed, or even while preparing for trial. As long as the proper steps are taken to notify the court and opposing counsel, your new attorney can step in and continue your representation without restarting the case.
Will changing lawyers delay my case or hurt my settlement?
Changing attorneys should not delay your case significantly, especially if the transition is handled smoothly. A competent new lawyer will review your file quickly, communicate with the court, and continue the case without losing momentum. In many cases, switching to a more responsive and experienced attorney can actually improve the outcome of your settlement.
Do I need to pay both my old and new lawyers if I switch attorneys?
No, you do not pay double. Florida personal injury lawyers typically work on a contingency fee basis, which means their payment comes as a percentage of your settlement. If you switch attorneys, the original agreed-upon percentage—usually around one-third of your recovery—will be divided between your former and current attorneys. You will not be charged extra out of your own pocket.
What happens to the work my current lawyer has already done on the case?
Your current lawyer may be entitled to compensation for the work they’ve completed, which is why they might place an attorney’s lien on your case. This lien ensures they are paid fairly if and when a settlement or judgment is reached. However, this amount comes out of the contingency fee—not directly from you—and is usually negotiated between the two lawyers.
Can my current attorney refuse to release my case file?
No, they cannot. Florida law requires attorneys to turn over the full case file to you or your new attorney once you terminate their services. This includes all documents, evidence, medical records, court filings, and correspondence related to your claim. The transition should be smooth and professional, and withholding case materials would be a serious ethical violation.
Final Thoughts: Don’t Settle for Less Than You Deserve
If you’re feeling frustrated, unheard, or neglected by your personal injury lawyer, you don’t have to stick it out and hope things get better. Changing attorneys during a Florida car accident lawsuit is entirely your right, and it could be the best move you make to protect your claim and your future.
Time is critical in personal injury cases, so it’s important to act decisively. A lawyer who is experienced, responsive, and dedicated can make all the difference—not only in how your case plays out but in how confident and supported you feel throughout the process.
Contact Lawlor, White & Murphey Today
Your lawyer should be fighting for you—not making you feel ignored or uncertain. If your current legal representation isn’t working out, don’t wait. Speak with an experienced Florida personal injury attorney who can offer a second opinion or take over your case.
Schedule a free consultation today to explore your options and ensure your car accident claim is in the right hands. Your recovery and peace of mind depend on it.