Transitioning to a new attorney, particularly in cases regarding something as serious and life-altering as a brain injury, may seem overwhelming. However, there are circumstances where it becomes an imperative step towards safeguarding your interests and securing the best possible outcome. Here are five reasons that validate such a pivotal move:
1. Poor Communication
Good communication is one of the most important aspects of competent legal representation. At its heart, having the right lawyer means having someone who provides regular updates about the status of the case, answers your questions and concerns, and is responsive when called or emailed for information. If your attorney doesn’t have the time or care enough to respond to you promptly, this is a sign that something isn’t quite right.
Additionally, if your lawyer seems annoyed any time you reach out with questions or concerns, this is another sign that it might be time to start looking for new representation.
2. Lack of Resources
Brain injury cases can be complex, and it’s essential to have a lawyer who has the resources necessary to build a successful case. This means having support staff, like other attorneys, paralegals, and investigators. Support staff usually help investigate the claim, speak with witnesses, and assist with research, among other things.
Additionally, you need a lawyer who has access to expert witnesses, as this is going to be essential in almost any brain injury case. This includes medical experts as well as economic experts. This allows your lawyer to build a solid case showing how the accident occurred and the impact of the accident on your life.
If it turns out that your attorney doesn’t have these resources, it may be time to look for new counsel.
3. Exceptionally Slow Progress
All legal proceedings take time. There’s no getting around this. From filing the claim, obtaining evidence, going through the discovery phase, and negotiating with the other party, there’s usually nothing quick about this. However, there should be consistent progress in your case throughout each of these steps. If you’re seeing no progress whatsoever, it may be time to speak with your current lawyer. Depending on what they say and the reasons they provide for the delay, it could be time to look for new representation.
Delays can mean missed opportunities and could even cross over into legal malpractice territory. When progress stalls for no legitimate reason that’s been communicated to you by your lawyer, consider entrusting another professional to protect your interests instead.
4. Ethical Concerns
Attorneys are held to high ethical standards, and any violation of these can cause irreparable harm to your case. If you have reasonable grounds for concerns over unprofessional behavior or dubious practices, such as mishandling funds, blatant dishonesty, or making settlement decisions without your consent, this should immediately prompt a reassessment of your legal representation.
5. Personality Clash
Differences of opinion are expected, but if there is a significant personality clash causing consistent discomfort, then this could harm the critical open communication needed for successful outcomes. The rapport you build can influence how deeply invested your lawyer will be in advocating on your behalf.
If you find yourself dreading interactions or feeling misunderstood by them, it may be best if you seek representation elsewhere — where trust can be built and sustained.
Ultimately, there are many reasons you might need to consider looking for a new brain injury attorney. This decision should not be taken lightly. Your legal representation can significantly impact your life by affecting the outcome of your case and, therefore, your future medical, economic, and personal journey.
FAQ
What Should I Do Before Switching to a New Brain Injury Attorney?
Before you decide to switch attorneys, you must take a few steps. First and foremost, have an open conversation with your current attorney explaining your concerns. Sometimes, issues can be resolved through clear and frank dialogue.
Second, secure a copy of your case file before terminating the existing representation. Without the information that has been gathered throughout the duration of the case, it will be difficult for you to have a new attorney step in.
Finally, do some research and seek consults regarding potential replacements before deciding to switch attorneys so you don’t find yourself without representation.
Can Switching Attorneys Delay My Case?
It is possible that transitioning to a new attorney could incur some delays in your case. Changing representation involves a bit of administrative work, from filing notices to transferring files, which might impact the timeline. Additionally, any new attorney must review all pertinent documents and familiarize themselves with your case before pushing forward.
However, if you’re dealing with issues that compromise the effectiveness of your present legal counsel — be it poor communication or lack of resources — it’s likely worth the delay to seek new counsel so you can obtain a more favorable result in the long run.
Will I Incur Additional Costs if I Switch to a New Attorney for My Brain Injury Case?
In most brain injury cases, attorneys work on a contingency fee basis. This means you only pay if you receive compensation from your lawsuit, and the attorney’s fee is a percentage of that award. When you switch attorneys, your new lawyer would typically pick up where your prior attorney left off within this agreed-upon structure, ensuring that no additional out-of-pocket fees are incurred by transferring legal counsel.
However, there may be scenarios where some lawyers will charge for their time spent on your case until termination point if it’s without good cause. Ultimately, though, instances of poor representation or breach of professional conduct can help you move forward with a different lawyer.
How Can I Ensure a Smoother Transition When Changing My Brain Injury Attorney?
Ensuring a smooth transition when changing your brain injury attorney involves clear communication and active involvement in the transition process. Discuss your intentions with both the current and new attorney. Retrieve all documents related to your case from the previous lawyer — this ensures no essential information gaps occur during the changeover. Provide these to your new counsel promptly, allowing them to get acquainted with every facet of your situation before beginning their work on it.
Contact Gomez Trial Attorneys for Help With Your Brain Injury Case
If you aren’t happy with your current legal representation, you have options; you’re never stuck. While it can certainly be stressful and somewhat difficult to switch lawyers in the middle of a case, it could also be in your best interest, ultimately leading you to a better outcome. If you need help, our experienced brain injury attorneys are here for you. Contact Gomez Trial Attorneys today for a free consultation by calling 619-237-3490 or by contacting us online.