When someone’s been hurt in an accident, they expect their attorney to do everything possible to get the compensation they deserve. But when it starts to feel like their case isn’t a priority, is taking too long, or there’s pressure to take a settlement that seems too low, the victim may want to change their personal injury lawyer.
If this happens to you, you have the legal right to switch attorneys in New Mexico (or any other state, for that matter) at any time. It isn’t difficult, and in most cases, you don’t need the court’s permission. We’ll look at common reasons for hiring a new attorney and what’s involved in making the swap.
Why You Might Want to Change Personal Injury Lawyers
Clients can hire a new attorney at any time and for any reason. There doesn’t need to be an obvious issue, like a lawyer who suggests lying or exaggerating the facts of the case. It could be harder to define, like sensing a lack of empathy or simply not “clicking.”
Some of the things that may prompt a victim to consider changing personal injury lawyers are:
Unprofessional Behavior
A good attorney will be knowledgeable, but also friendly and maybe even somewhat casual to put clients at ease. But this is quite different from acting unprofessionally. Some examples of unprofessional behavior are:
Not responding to calls and emails
- Missing meetings and deadlines
- Errors in paperwork and correspondence
- Disorganization, such as not being able to find important documents when needed
Poor Communication
Poor communication is a red flag that an attorney might not be the right fit. Clients might notice an attorney:
- Talking down to them or not taking the time to explain things
- Taking an unreasonable amount of time without any contact about the case’s status
- Handing the case off to different lawyers in the firm
- Not making the fee structure clear, which can be shocking when victims receive unexpected legal bills
Lack of Attention to Your Case
Even if an attorney is professional and communicates well, they may not be giving a case the time and energy it deserves. Signs of this are:
- Unexplained delays, and the case is stalled
- The attorney doesn’t seem to remember the details of the case from one meeting to the next
- Gaps in the investigation, such as not conducting witness interviews or reviewing evidence provided by the victim
- A lack of experience with the type of accident at hand. Kane Personal Injury, for example, has expertise in aviation and farm accidents, as well as more typical injury incidents.
Breach of Ethics
All attorneys are trained to follow a code of ethics. Unethical behavior isn’t just distasteful; it’s a clear sign that it’s time to find a new lawyer. Ethics violations should also be reported. In New Mexico, complaints can be filed with the Judicial Standards Commission. Unethical behavior includes:
- Unsolicited marketing directly to accident victims
- Promising a win or specific settlement details
- Making case decisions without client input
- Pressuring clients to accept a low settlement
- Not disclosing conflicts of interest
- Asking clients to lie
How Switching Attorneys Could Affect Your Case
When a client feels uncomfortable with their legal representation, it’s perfectly acceptable to switch. That said, it’s important to understand and consider the following:
- The outcome of the case might be the same regardless of the lawyer.
- If the case is complex and it’s nearing the finish line, signing on with a new attorney might delay the payout as they get up to speed.
- Changing personal injury lawyers does not mean starting from scratch. Ethics rules require attorneys to transfer all documents promptly at the client’s direction. There could be a delay, however, if the new attorney has a heavy caseload.
- Trying to change attorneys too close to a trial, or switching too many times, might require court approval. (However, most cases are settled without having to go to court.)
- It should not cost anything to switch lawyers. Personal injury cases are handled on a contingency basis, meaning the attorney only gets paid if they win. The former attorney will typically negotiate a “contingency fee split” with the new attorney to make up for their time spent working on the case and any out-of-pocket costs. This happens behind the scenes and doesn’t require the client’s involvement.
If you decide to change attorneys, it’s best to do it as early in the life of the case as possible. However, the only real deadline for switching is a settlement. Once settlement documents are signed, they’re legally binding. You can’t hire a new attorney for a “do over” in hopes of a better outcome.
How to Switch Attorneys in New Mexico
If you’re ready to find a new attorney, follow these steps. The same process applies in most states.
- Interview new personal injury attorneys, explaining the case details and why you are unhappy with your current representation.
- Choose a new attorney and sign their retainer agreement.
- Your new attorney will inform the old attorney in writing that they are taking over your case. There is no need for you to explain your actions to the old attorney.
- You will sign a release, allowing the new attorney to request the transfer of all case documents.
- The new attorney will review the case file, do additional research and investigate as necessary, moving the case toward its resolution.
This process is meant to provide a smooth transition for everyone. It also allows clients to avoid any awkward conversations or interactions with the old attorney.
Finding the Best Attorney From the Start
The best-case scenario for any personal injury case is to find a good attorney who can get full and fair compensation from the start. No one wants to feel like they’ve missed the red flags and chosen a bad lawyer. And it might not be that the lawyer is bad; they might just not be the best fit for you.
Our Essential Checklist can help you know what to look for in a personal injury attorney. Be prepared with a thorough list of questions to ask during the initial consultation. It’s a good idea to:
- Read online reviews
- Ask for references about past cases
- Check that they have experience in your type of case
- Be wary of any unrealistic promises or pressure tactics
If you are concerned about your case and are considering a change of personal injury lawyer, it doesn’t hurt to get a second opinion. The attorneys at the Law Office of Samuel I. Kane would be happy to help. Contact us today.