Accidents and injuries happen all the time. Those who cause those injuries are legally responsible for that damage. Most people who have been hurt recognize that they need a lawyer to help them obtain compensation for their personal, medical and financial losses, and guide them through the very complex legal hurdles they face.
Unfortunately, many people hire a personal injury lawyer without really knowing who they are hiring. Some of us are pressured into hiring an attorney who may not be the right fit for us or our case.
So what do you do if you have hired a personal injury lawyer but you are not happy with him or her?
First, you want to be sure that this is really not the lawyer for you. Sometimes there are communication problems between lawyer and client. Perhaps the lawyer is not highly skilled in personal injury law. Thousands of lawyers in Florida claim to be personal injury lawyers but they may just dabble in the field. In this day of increasing specialization, the lawyer may not be fully immersed or trained in the very complex aspects of personal injury law and may not be a true specialist.
It may also be that the lawyer who you originally hired has referred you out to another lawyer who is really the one doing the work on your behalf. You have a right to know this and to find out if the lawyers are competent, capable and meet your particular needs.
You may also find that there is a personality conflict between you and the lawyer or the lawyer’s staff which makes continuing with that lawyer or law firm uncomfortable. Remember, this is your case and it may be the most serious legal matter you ever have.
Your future may be in the hands of the lawyer representing you, so you need to feel completely comfortable not only with the lawyer’s skills but also with their personality. You need to have enough of a relationship that you can reveal very personal and private details about your life that would ordinarily be confidential. If you don’t feel that level of comfort, you should consider changing lawyers.
Another reason for changing lawyers is if the lawyers do not listen to you and take into consideration your wishes with regard to your case. The lawyers should know what is necessary for the courts and the legal system, but nobody knows what has happened to you better than you.
If your lawyer is not taking that into consideration, or explaining how that fits into your case, you should seek another opinion. Likewise if you are being ignored by your lawyer or if they are not returning your calls.
Personal injury law covers a lot of legal landscape. There are car accidents, slips and falls, defective product cases (product liability), medical malpractice, negligent security/premises liability (someone hurt or killed from a criminal act), plane crashes, boating accidents (“admiralty” or “maritime”), traumatic brain injuries, sex abuse, nursing home abuse and neglect, construction site accidents, mass torts and many more variations of these. This makes for a lot of legal complexity.
What makes personal injury law even more complicated is that most of the time your lawyer will be advancing the case expenses on your behalf. So what if your case really requires the services of several expert witnesses, many depositions around the country, site inspections, exhibits, investigation and more? If your lawyer does not have the financial resources to advance all of the necessary costs to fight the other side, you may want to seek help elsewhere.
1. There are pros and cons in changing lawyers. One pro is that you will hopefully find a lawyer who will be better able to get you a great recovery, either by settlement or trial. Lawyers that never try cases rarely get the best settlements because they have no bullets in their gun. Most insurance companies and defense lawyers know who the capable and highly skilled lawyers are.
2. Another pro is that you should have someone you can speak comfortably with about your case, and ask for advice based on their experience and skill.
3. Another pro is that changing lawyers should never cost you anything. If you have hired your lawyer on a contingency fee, that means the lawyers only get paid out of any recovery they get for you. Under Florida law, if you fire your personal injury lawyer after three business days, you will owe them a fee for the work they did for you but only out of the recovery your new lawyer wins.
You will never have to pay more in fees because you changed lawyers. Your new lawyer may have to pay the old lawyer some portion of the fee out of any successful recovery. That fee may be very small or nothing, or it may be a significant part.
In Florida if you fire your lawyer within three business days you owe them nothing for their fees. If you fire your lawyer “for cause” you may not owe them anything either. That would mean that you had valid grounds to terminate your lawyer’s services because they did something wrong or harmful to you or your case.
This generally applies to situations where a client repeatedly changes lawyers. The other side, including the insurance company, will see a situation where they may think the client cannot get along with their own lawyer. Or the client does not take their lawyer’s advice. If this appears to be a pattern, they will treat the case with less respect and value it accordingly.
However, if you fire your lawyer and hire a well respected and skilled personal injury lawyer, they may assume you initially got into the wrong hands but were later directed to a powerhouse lawyer who will now be a greater threat. And that works to your advantage.
If you have consulted a new lawyer, he or she will likely handle it for you so you do not have to talk to the first lawyer. They will most likely have you sign a letter to the lawyer advising them that you have retained new counsel and wish to have your file transferred to the new lawyer or firm. It’s as simple as that.
Once you have a new lawyer, they will take over your case. It’s important to be clear with your new lawyer about why you wanted to change lawyers and what you are looking for in your case. A good lawyer will listen but also give you advice and recommendations based on their experience, education and the facts of the case, combined with the location of where the case is brought, the insurance situation, witnesses and other relevant facts.
At Leighton Panoff Law, we are often approached by clients who have already hired a personal injury attorney but don’t think their lawyer is top notch. Sometimes we suggest speaking with the lawyer to try to work things out, as it may be a perception or communication problem. Sometimes we will agree to accept the client and help them. In rare occasions we will not become involved if there has been too much damage done and it’s too late to save the case. That’s why how you choose a personal injury lawyer is so important.
There are no cookie cutter cases in personal injury law. Each one is different because as people we are all different. Every case has its own facts and circumstances unique to the case. Discuss with your lawyer all of your concerns and questions.
When you feel comfortable with the lawyer you will know you have chosen wisely.
Yes, you have the right to fire your personal injury lawyer at any time—even if you signed a retainer agreement. In Florida, you can terminate your attorney for any reason. If you do so within three business days of signing the agreement, you typically owe them nothing. After that, they may be entitled to compensation from your settlement for the work performed, but you won’t pay additional fees; your new lawyer will usually resolve payment with the previous one. If you fire your lawyer “for cause,” such as misconduct or negligence, you may not owe them anything at all.
Valid reasons for changing lawyers include poor communication, lack of experience in personal injury law, personality conflicts, or discovering that your case was referred out to another attorney without your full understanding. You might also need to change lawyers if yours doesn’t have the financial resources to pursue a complex case or isn’t advancing the case aggressively. Ultimately, your comfort and confidence in your attorney matter—this is often one of the most important legal matters of your life, and you need to fully trust the person handling it.
Firing your current personal injury lawyer can be beneficial if you replace them with someone more experienced or better suited to your case. You may gain improved communication, deeper legal insight, and a lawyer who is better prepared to take your case to trial if needed. Insurance companies often recognize which lawyers are serious threats, and hiring a respected trial attorney can elevate your case’s perceived value. Most importantly, you deserve a lawyer you feel comfortable with and who will listen to your concerns and advocate aggressively on your behalf.
One potential risk is the perception created by switching lawyers, especially if it’s not your first time doing so. Insurance companies may interpret repeated changes as a sign of instability or unreasonableness, which can affect how they value your claim. There’s also a possibility that a new lawyer may not be willing to take your case if too much damage has already been done. However, if you switch to a highly respected attorney, it can actually strengthen your case’s position and increase its credibility in the eyes of the defense.
The process is straightforward. Once you find a new lawyer, they will typically handle the transition for you. You’ll sign a letter informing your current attorney that you’ve retained new legal counsel and requesting the transfer of your case file. You do not need to have any direct contact with your former lawyer if you’re uncomfortable doing so. It’s important to clearly communicate your expectations and concerns to your new lawyer so they can best serve your case going forward and avoid repeating past issues.
No, changing your personal injury lawyer won’t cost you more. In Florida, attorneys working on a contingency fee are only paid from the recovery they obtain for you. If you switch lawyers, your new attorney may have to share a portion of their fee with your previous one, depending on the work already done. However, you won’t be paying extra out of pocket. In fact, hiring a more skilled attorney may increase your settlement or verdict value, helping to offset or exceed any fee division between the lawyers.
Leighton Panoff Law is often approached by clients dissatisfied with their current representation. With decades of success in complex personal injury cases, the firm is known for its deep expertise and strategic litigation skills. John Leighton, a board-certified trial lawyer, leads the firm and has secured some of Florida’s most significant verdicts. The team takes time to evaluate each situation and may even recommend speaking with your current lawyer if the issue is a communication breakdown. When appropriate, they step in to provide the high-level representation your case deserves.
A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite