Can You Change Lawyers During a Case in California?

When Legal Representation Stops Working for You

Hiring a lawyer is an important decision, especially when your health, finances, or future are on the line after a serious accident. But what happens if you start to feel your attorney isn’t representing your best interests? You might feel ignored, confused about the progress of your case, or unhappy with the direction things are going. The good news is that in California, you have the right to change lawyers at almost any stage of your case. Understanding how the process works can help you make the best decision for your situation and protect your case from unnecessary delays.

Your Right to Change Lawyers in California

Under California law, clients have the right to choose their attorney, and that right also includes the ability to change lawyers at any time. You don’t need a specific reason to make the switch, and your current lawyer cannot prevent you from hiring someone else. The client, not the attorney, controls the attorney-client relationship.

The only exception is when your case is already before a judge or near trial. In those situations, the court may require a formal notice and approval of the change to ensure the switch doesn’t disrupt the proceedings. However, even then, judges rarely deny a change in counsel if it’s made in good faith and won’t cause significant delay.

Common Reasons to Switch Lawyers

People choose to change attorneys for many different reasons. Some of the most common include:

• Lack of Communication: If your lawyer doesn’t return calls or emails promptly or fails to explain what’s happening, it can leave you feeling uncertain about your case.

• Differences in Strategy: You and your lawyer may disagree about how to handle negotiations, settlement offers, or whether to go to trial.

• Loss of Trust or Confidence: Once trust is broken, it’s difficult to move forward effectively.

• Concerns About Professionalism: Missed deadlines, errors in paperwork, or rude interactions may signal a problem with how your case is being managed.

It’s your right to expect professionalism, transparency, and attention to detail. If those are missing, it may be time to reconsider your representation.

When to Consider Changing Lawyers

It’s important to evaluate whether switching attorneys will truly help your case. Sometimes, clients feel frustrated simply because the legal process is slow, not because the attorney is doing something wrong. Before deciding to switch, ask yourself these questions:

• Has my lawyer clearly explained my case progress and next steps?

• Do I feel confident that my lawyer is fighting for the best possible outcome?

• Have there been mistakes or signs of neglect?

• Do I trust my lawyer to represent me effectively in negotiations or court?

If the answer to most of these is “no,” changing lawyers could be in your best interest. A new attorney can bring clarity, energy, and direction to your case, especially if communication and trust have broken down.

How to Switch Lawyers During a Case

Changing attorneys is a straightforward process when handled correctly.

1. Find a New Lawyer Before Ending the Old Relationship
Before formally dismissing your current attorney, find a new one who is ready to take over. This ensures there’s no gap in representation and your case continues without delay.

2. Notify Your Current Attorney in Writing
Once you’ve chosen new representation, send a written notice terminating the attorney-client relationship. This letter can be brief and professional. It should include the name of your new lawyer so all case materials can be transferred.

3. Sign a Substitution of Attorney Form
In California, your new lawyer will usually prepare a “Substitution of Attorney” form (Judicial Council Form MC-050). This document is filed with the court and officially notifies everyone involved that you have new representation.

4. Request Your File and Documents
Your former attorney must provide your case file, evidence, correspondence, and any other relevant materials upon request. This ensures your new lawyer has everything needed to continue the case seamlessly.

5. Settle Outstanding Financial Matters
If your attorney was working on a contingency basis, you generally won’t owe any money immediately. Instead, your old and new lawyers will later share the final fee based on the work each performed.

Will Switching Lawyers Delay Your Case?

Many clients worry that changing attorneys will slow down their case, but in most situations, the transition is quick and smooth. If your new lawyer acts promptly and the outgoing lawyer cooperates, the court or insurance company won’t even notice a significant delay.

Delays are more likely if the change happens right before trial, but even then, the court often allows extra time for your new attorney to review materials and prepare. The goal is to protect your right to proper representation, not to punish you for making a change.

Understanding Attorney Fees After You Switch

Personal injury cases in California are usually handled on a contingency fee basis, meaning you only pay when your lawyer wins or settles your case. When you switch lawyers, your new attorney and the previous one will typically share the final fee without increasing your total costs.

For example, if your old lawyer spent 20 percent of the time on your case and your new lawyer completes the rest, the two firms will negotiate or have a judge determine how to divide the original contingency fee. This means you don’t pay twice, your overall percentage stays the same.

If your former lawyer advanced costs, such as medical record fees or court filing expenses, those may be reimbursed out of your final settlement. Your new attorney will review these charges to make sure they’re accurate and necessary.

How Phoong Law Helps Clients Transition Smoothly

At Phoong Law, we regularly help clients who have decided to change lawyers. Our team handles the entire transition process to ensure your case moves forward without disruption.

Here’s how we make the switch seamless:

• We contact your former attorney to collect all case materials, records, and evidence.

• We review every document to understand what’s been done and identify any missing information.

• We handle all communication with insurance companies and opposing counsel to prevent delays.

• We keep you informed every step of the way so you always know what’s happening.

Our goal is to restore your confidence in your case and help you get back on track toward a fair resolution. We understand how stressful it is to feel unsupported, and we take pride in providing clear communication, strong advocacy, and compassionate guidance.

Final Advice: Choose Representation That Earns Your Trust

Changing lawyers can feel like a big decision, but it’s sometimes the best one you can make for your future. If you’ve lost confidence in your attorney, you don’t have to stay with them. The law in California protects your right to have representation that truly serves your best interests.

Whether your case is just beginning or already in progress, you can switch to a lawyer who listens, communicates, and fights for the outcome you deserve.

If you’re unsure about your current legal situation or want a second opinion, contact Phoong Law at 866-GOT-PAIN for a free consultation. Our experienced attorneys can review your case, explain your options, and help you take the next step with confidence.