According to the Supreme Court of New Jersey, the selection of an attorney is an important decision and should not be taken lightly. However, sometimes after hiring an attorney, people realize the lawyer they hired is not quite right for them or for their particular case. The good news is that you can fire an injury lawyer, but make sure you are changing for the right reasons.
However, if you have any problems or issues with any current lawyers, you should talk it out with your lawyer or their managing partner. They may have a good explanation or fair solution to your particular problem, Davis, Saperstein & Salomon, P.C. explains.
Will I have to pay the lawyer to transfer my file?
You probably hired your injury lawyer by signing a contract called a Contingency Fee Retainer Agreement, meaning that the lawyer and law firm only get paid if they are successful and receive a settlement at which time you will pay the law firm a percentage of the settlement. That percentage usually amounts to one-third of the settlement. For instance, in New Jersey, where Davis, Saperstein & Salomon, P.C. is based, contingency fees are regulated by the Supreme Court of New Jersey pursuant to New Jersey Court Rule 1:21-7. By law, one-third is the most you are paying and if you change lawyers, it is up to the lawyers to figure out how to split the one-third amongst themselves. When hiring a new lawyer, they will reimburse the fired lawyer for any money they spent on out-of-pocket disbursements.
At what stage in a case can I fire my lawyer?
You can change lawyers at any time, however, if it is too close to the trial, the court may not allow you to change counsel if it serves only to delay the trial. It is never a good idea to fire a lawyer in the middle of a trial.
Can my lawyer fire me as a client?
A lawyer can certainly withdraw from a case for several reasons. Generally, if they drop you as a client they may forfeit their right to a legal fee. However, if they tell you to seek other counsel for second opinions, they will likely still have a financial interest in the contingent legal fee. Again, that legal fee will be shared and paid by the lawyer who assumed your representation. The reasons why a lawyer can end a relationship can be because you may not have a legal claim under the law, you may have unrealistic expectations, you may be requesting that they commit an unethical act, or your expectations may be too high because you may not understand how lawyers communicate and operate their offices.
Most people are generally satisfied with the lawyers or the law firm they hired. Even if you are recommended to a particular lawyer, it is best to do your research about the lawyers and the firm before you change. Before you make that decision, it is often best to discuss with your lawyer the reasons why you are dissatisfied. Often there is a reasonable explanation, or your perceived reasons are outside of your attorney's control. For example, the setting of a trial date is usually within the exclusive control of the courts, and trial dates are usually adjourned, put off, or rescheduled many times, due to other court cases clogging the docket, expert witness unavailability, and conflicting lawyer schedules.
Can I change lawyers after I have a settlement offer?
The answer is yes, but it is a bit tricky because the lawyer who received the offer may be entitled to the contingency fee on the offered amount, especially if the suit was filed and the lawyer did substantial work on your matter. The settlement amount may be lower than expected due to insufficient insurance coverage, which limits the compensation available for a newly hired attorney. In such cases, finding a lawyer to take on the case may be challenging, because the potential recovery may not meet your expectations nor justify the legal effort required.
Will it get back to my lawyer that I am consulting with other lawyers?
The content of a consultation between a client and a lawyer for a second opinion is subject to attorney-client privilege. You should feel free to disclose the name of your current lawyer and discuss your reasons for dissatisfaction with your current lawyer. An honest lawyer will often tell you to stay with your current lawyer or explain the lawyer's reasoning for the decisions made. A wise client will usually consider giving permission to the consulted attorney to call your current lawyer to discuss your issues so that your current lawyer will give you more attention or better results.
Before discussing reasons to change it is best to review how to hire the right personal injury lawyer for your case so that you do not make a second mistake.
How to hire the right injury lawyer for your case
In Chapter Eighteen of their book, The Consumer's Guide to New Jersey Personal Injury Claims," (2025) attorneys Garry R. Salomon and Jeffrey E. Salomon discuss how to go about hiring the right personal injury lawyer for your case. Here are some of the questions that should be considered:
- What percentage of your practice involves representing injured people?
- Tell me about some of the latest cases you or members of your firm have tried.
- Have you ever handled a case like mine?
- Who, aside from you, will be working on my file?
- Does your firm have the financial resources to advance all costs in my case, and what will those costs be?
- Will you accept my case on a contingency basis?
- What is your experience with the defendant's insurance company?
- Have you been selected or honored for your accomplishments as an attorney?
- Two more specifically for cases in New Jersey: Are you or any members of your firm certified as a Civil Trial Attorney by the Supreme Court of New Jersey?
- Does your lawyer participate in continuing legal education offered by the New Jersey Association for Justice?
What motivates people to make lawyer referrals?
It is often best to hire a lawyer based on a former client's recommendation. Satisfied clients often share their positive experiences and satisfaction with the lawyer and their case managers. The person sharing with you their positive experience is motivated by acting in your best interests. However, often there are other reasons for referrals depending upon the legal and illegal financial interests of the person or company making the referral.
At one time it was unethical for attorneys to advertise for new clients, but that changed in 1977 when the U.S. Supreme Court permitted attorney advertising in Bates vs Arizona. Nowadays, you can't watch television, listen to radio commercials, or drive down a highway without seeing dozens of attorney billboards.
Some law firms spend as much as 25% of their budget on advertising for new clients. However, it's important to research individual attorneys, as some featured on billboards may have limited or no trial experience. Be sure to verify their credentials and ensure that reviews are genuine. Be cautious of out-of-state firms practicing law in your state. It's always best to hire a lawyer whose law firm is primarily located in the state for better familiarity with the courts, state laws, and deadlines.
You should be skeptical of law firms that mail you police reports or fancy advertising packages with slogans like, "as seen on TV." Never hire a random lawyer who contacts you directly, whether in person, by phone, or through intermediaries who are paid cash to sign up cases. (This is an illegal practice in New Jersey.) These non-lawyers showing up at your door are known as "runners." If they show up, run for the hills. It's a red flag, steer clear and seek legal representation from a reputable source.
Also, never hire a lawyer who reduces their contingency percentage from the percentage allowed by the court because if the lawyer does not believe they are entitled to their full fee, or advertises a lower percentage, they will likely not be able to stand up against the defendant's powerful insurance companies to get you the full amount of money that you deserve.
Reasons to change lawyers:
- You feel that you made a mistake in the first place
- Your law firm is inexperienced and lacks a track record
- Conflict of interests with other plaintiffs or parties to the case
- Misrepresentation about their ability to handle your case
- Too busy with other non-personal injury cases
- Arrogance and poor attitude
- Lack of empathy
- Lack of availability
- You are being treated like just a number or a mere file
- Inexperienced case managers
- You hired an out-of-state law firm that picked an in-state lawyer for you
- You were referred by a for-profit referral service
- Habitually does not return phone calls
- Wants you to pay upfront money for case costs
- Forcing you to settle on the cheap without a good reason
- Wants money to proceed to trial
- Changes their attitude toward you or the case
- Refers your case out to another law firm for trial
- Has not filed suit or is waiting too long to file suit
- Weakness by begging an insurance company to settle
- Your case is too big for the lawyer you hired
- Concealed legal malpractice
- Death of a lawyer or dissolution of the law firm
- Disbarment due to unethical conduct
- Lacks the financial resources or time to take your case to trial
Remember to use your experience as a client to select the right lawyer for a second opinion or to take over your case. Make sure the firm has the knowledge, wisdom, experience, track record, staff, associate lawyers, and financial resources to give you the results you deserve.
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