TL;DR: Yes, you can change lawyers during a car accident case in California at almost any stage. This right protects injured drivers and passengers when representation breaks down, but switching lawyers can affect timing, attorney fees, and the momentum of the case. Deadlines still apply, so delays or evidence gaps may increase risk if the change happens late.
Highlights:
- You can change lawyers in California at almost any stage of your case
- Switching late can slow momentum and increase deadline risk
- A new lawyer typically handles the transition and requests your case file
- If a lawsuit is filed, the change usually requires a short court form
- Your prior lawyer may assert a lien for work already performed
- It’s usually safer to speak with a replacement attorney before ending representation
- Statutes and court dates still apply, including special government-claim deadlines
Tip: Before you switch, confirm the next 2–3 deadlines (statute, hearings, discovery) and make sure your new lawyer has the full file in hand so nothing gets missed.
Table of Contents
Yes. You can change lawyers during a car accident case in California, even if the case is already underway. State law gives clients broad authority to end an attorney-client relationship and choose new representation when they believe it is necessary.
This right applies whether your claim is still in the investigation stage, under negotiation with an insurance company, or already filed in court. Many people reach this decision after realizing the attorney-client relationship is not working as expected. Some find themselves thinking, “I need a personal injury lawyer who communicates clearly and prioritizes my case.” California law does not prevent you from seeking a better fit.
That said, changing lawyers is a legal step that requires careful timing and an understanding of how the transition works.
Your Legal Right To Change Lawyers In California
California law allows injured parties to change attorneys at almost any time during a personal injury case. You may switch lawyers even if your current attorney has already done substantial work on your claim.
You can also change lawyers after filing the lawsuit. However, doing so during active litigation can raise practical issues that are important to consider, including:
- Potential Delays — While substituting attorneys is usually straightforward, the transition may temporarily slow negotiations or court proceedings.
- Approaching Deadlines — If a filing deadline or court date is near, switching lawyers can increase the risk of missed deadlines if not handled carefully.
- Case Continuity Concerns — A new attorney may need time to review the file, understand the prior strategy, and determine whether adjustments are necessary.
In most situations, your new attorney will manage the transition by notifying your former lawyer, requesting the case file, and confirming that all deadlines remain protected.
If your case is already in court, the change usually involves a brief court filing to notify the judge and the other side that you have a new lawyer. If your former attorney does not agree to the change, a judge may need to approve it before the new lawyer can take over.
Factors To Consider Before Switching Lawyers
Changing personal injury lawyers is a legal decision that can affect your case. Before making the switch, consider the following issues.
Meeting The Statute Of Limitations
The statute of limitations is the deadline for filing a lawsuit. Under California law, you have two years to file a claim.
Some exceptions apply, including:
- Claims Against Government Entities — These usually require filing a government claim within six months of the injury. Additional deadlines follow depending on the response.
- Cases Involving Minors — The filing deadline is often paused until the injured person turns 18, though different rules apply to government claims.
Because these deadlines are strict, carefully consider any delay caused by a change in lawyers.
Paying Your Previous Lawyer
Personal injury attorneys typically take cases on a “contingency basis.” They receive attorney’s fees only if they recover compensation for you. When you change lawyers, your former attorney may assert a claim for the reasonable value of services already provided. This is often handled through an attorney’s lien, which is resolved from any future recovery rather than immediate out-of-pocket payment.
A common concern is whether lawyers only get paid if they win when representation changes. In most cases, attorney fees are addressed through agreements between the former and new lawyers and are deducted from the original contingency arrangement, not billed to the client twice.
Finding A New Lawyer
Not every attorney will agree to take over an ongoing case. A new lawyer must review the existing file, assess the strategy used so far, and determine whether the case is viable under their approach.
Some attorneys may decline cases that are close to trial or involve unresolved fee disputes. For this reason, it is often wise to speak with a replacement lawyer before formally ending the current relationship.
Choosing The Right Time To Change Lawyers
Timing matters. Changing lawyers early in a case usually allows for a smoother transition. When a trial is approaching or negotiations are underway, a new attorney may have limited time to make strategic changes. However, the law does not limit when you can change your lawyer.
If your current representation is not serving your interests, weighing a short delay against long-term case management may help guide the decision.
The Process Of Changing Lawyers In California
If you decide to change lawyers, the process generally involves the following steps.
- Notify Your Lawyer — Inform your current attorney of your decision, preferably in writing. In some cases, you can resolve communication issues without changing representation, but this depends on the circumstances.
- Find a Replacement — Before firing your current attorney, speak with a new one. This allows you to discuss the status of your case, deadlines, and expectations moving forward.
- Let the Court Know You Have a New Lawyer — If your case is in court, you need to notify them that you have changed lawyers through a short court document that updates the record with your new attorney’s information.
In most cases, here are some things that need to happen:
- You sign a form that confirms you are changing lawyers.
- Your former lawyer signs to acknowledge the change.
- Your new lawyer adds their contact information.
- You send a copy to the opposing party.
If your former lawyer does not agree to the change, a judge may need to approve the switch before your new lawyer can officially take over. Your new attorney usually handles this process for you.
- Serve the Other Parties — Someone over 18 who is not involved in the case must send a copy of the paperwork to all other parties. This is usually done by mail, though in some cases the documents can be sent electronically if all parties agree.
- File the Form With the Court — The original signed form is filed with the court clerk. No filing fee is required. Once filed, the substitution becomes effective.
- New Attorney Takes Over — After the substitution is complete, your new attorney reviews the case and continues representation. Most of the transition is handled behind the scenes so that you can focus on recovery.
How To Find The Lawyer Who’s Right For Your Car Accident Case
Start your search for a new attorney by scouring the internet. You can also consider recommendations from your friends and family. No matter where you look, it’s essential to consider whether your new attorney is the right fit for your case.
While you search for a new lawyer, keep in mind these guidelines:
- Honesty — Your attorney should clearly explain your case status and legal options.
- Experience — Familiarity with California personal injury law and local court procedures can matter. Experienced car accident lawyers can help you avoid common pitfalls in the process.
- Professionalism — Respectful and organized communication helps avoid misunderstandings.
- Communication — Regular updates and responsiveness are essential in an injury case.
Many people search online for free accident lawyer advice before making a decision. While general information can help, speaking directly with a lawyer about your situation often provides more precise guidance.
Frequently Asked Questions About Switching Lawyers In CA
Switching lawyers is usually straightforward, but it’s still essential to decide whether it makes sense for your case. Many people have questions, such as whether lawyers are only paid if they win, whether they might be billed twice, or what steps come next. A brief consultation can often clear up these concerns.
You do not need to spend hours searching online for free accident lawyer advice. Most personal injury lawyers in California offer free initial consultations where you can ask case-specific questions.
Below are common questions people have about switching attorneys in California.
What Happens To Legal Fees When You Switch Attorneys?
If you change lawyers, your former attorney may be entitled to a portion of the fee for work already done. In contingency fee cases, they are typically paid only if your case results in compensation.
You are usually not billed twice. Any fee owed to your former lawyer is generally handled between the attorneys and taken from the contingency fee if the case resolves, rather than paid out of your own pocket.
What If I Already Signed A Fee Agreement With My Current Lawyer?
You can still switch lawyers even if you signed a fee agreement. In California, you have the right to end the attorney-client relationship at any time, with or without a reason, and you do not need your lawyer’s permission.
What If My Current Lawyer Refuses To Release My Case Files?
If you fire your lawyer, they must stop working on your case and transfer your file to your new attorney. They are required to return your documents and cooperate with the transition.
When Is The Best Time To Switch Lawyers?
Changing lawyers earlier in a case is usually easier. Switching close to trial or during active negotiations may cause short delays while the new lawyer reviews your case, but it is still allowed. If your current representation is not right, it may be better to make the change sooner rather than later.
Can I Fire My Lawyer Without Hiring A New One First?
Yes, but it is not recommended. Even a short period without legal representation can lead to missed deadlines or mistakes. It is usually safer to speak with a new lawyer before ending the current relationship.
Will Changing Lawyers Delay Or Hurt My Case?
Switching lawyers may cause brief delays while your new attorney reviews the file and takes over. In most cases, these delays are minor and do not harm the case, especially when deadlines are managed effectively.
Contact A Skilled Attorney For Your Car Accident Case
Switching attorneys may seem daunting. However, the process is more straightforward than many people realize. Your new lawyer can handle most of the legal matters.
At Arash Law, we understand how important trust, responsiveness, and results are. Our team is prepared to take over your accident case. We can examine your case with a fresh perspective to protect your rights. Our attorneys can develop a strategy to help you pursue fair compensation.
We have the experience and resources to help you pursue compensation for lost wages, medical bills, chiropractic fees, and other losses. Contact AK Law today at (888) 488-1391 for a free initial consultation.
