Clients have the right to change or discharge their lawyer for any reason at any time; although, attorneys may elect to withdraw from a client as well.

In certain circumstances, your first option attorney may not have been the best fit for you and your type of claim. You may realize that you can pursue a claim on your own or that another attorney better fits your needs.

Here are some things to consider when deciding on whether you want to get a new personal injury attorney for your case:

Generally, if you have signed a contingency agreement, changing attorneys does not cost you more money. When hiring a personal injury attorney, you have presumably signed a contingency agreement under California law – meaning that your lawyer gets one-third of your verdict or settlement (if any).

You will reimburse your attorney for any costs incurred. When you change lawyers, your new lawyer and your old one will share this fee. The total amount you pay for attorney fees will likely remain the same depending on your new agreement. The attorneys will split the fees according to how much work was done on your claim.

Additionally, changing lawyers may be in the best interest of your claim.

You may find an attorney who will work harder for you and has more resources may get you a better outcome. When making the change, by law, your old attorney is required to provide you and/or your new attorney with all your records.

In other, less desirable circumstances, an attorney may elect to decline or terminate their legal representation.

In California, the Rules of Professional Responsibility, Rule 1.16, lists the circumstances where an attorney may withdraw from representing a client. Withdrawal most commonly occurs when:

  1. The client by other conduct renders it unreasonably difficult for the lawyer to carry out the representation effectively;
  2. The client breaches a material term of an agreement with, or obligation, to the lawyer relating to the representation, and the lawyer has given the client a reasonable warning after the breach that the lawyer will withdraw unless the client fulfills the agreement or performs the obligation; or
  3. The client knowingly and freely assents to the termination of the representation.

An attorney that is either discharged or withdraws prematurely can prevent the former client from “settling around” their lien by filing a notice of lien in the pending action; however, to enforce the contractual lien, the attorney will have to seek an independent action against the former client to establish the lien’s existence, determine the amount of the lien, and enforce the lien.

If an attorney is discharged or withdraws “on the courthouse steps” and substantial representation has occurred, the court will consider this to determine the reasonable value of the attorney’s services. The court may justifiably find that the entire fee was the reasonable value of the attorney’s services.

Under a contingency fee agreement, when an attorney withdraws from representation based on “justifiable cause,” he or she is entitled to recover in quantum meruit.

Under quantum meruit, the law implies a promise to pay for services not gratuitously rendered. “The measure of recovery in quantum meruit is the reasonable value of the services rendered provided they were of direct benefit to the defendant [former client].”

A quantum meruit recovery requires a trial court to consider several factors:

  • the nature of the litigation, its difficulty, and the amount involved
  • the skill required in its handling,
  • the skill employed,
  • the attention given,
  • the success or failure of the attorney’s efforts, a
  • experience in the particular type of work demanded.”

The underlying idea behind quantum meruit is the law’s distaste for unjust enrichment. If one has received a benefit which one may not justly retain, one should restore the wronged party to his or her former position by either returning the “thing” or its equivalent in money.”

If you’re still unsure or just want a second opinion on switching lawyers, don’t hesitate to contact our personal injury attorneys today for legal counsel.

If you or a loved one are currently dealing with a personal injury — you deserve an experienced personal injury lawyer to fight by your side, who not only understands the nature of the legal system, but also understands the nuances of personal injuries outside the legal framework.

You deserve total compensation for your damages and injuries; that’s why The Gutierrez Law Firm will help you fight the legal process while you focus on what matters: recovering.

For 40+ years, we’ve passionately represented our clients, winning thousands of cases in Los Angeles courts, at all personal injury levels. For a free initial consultation and dedicated representation, please feel free to contact our experienced personal injury lawyers today.