Changing personal injury lawyers after commencement

Can I change personal injury lawyers after I commence a claim?

An injury compensation claim can take at least six months – and often longer – to resolve.

It’s not uncommon for a person’s relationship with their personal injury lawyer to deteriorate over that time. Your lawyer may be hard to contact or involved in several other cases, or you may be dealing with many different lawyers at the same firm as they move your case around.

If you find that you are not satisfied with how your personal injury lawyer is handling your case, the good news is you have rights to change lawyers.

Most firms include a clause in their agreement that means you have to pay their fees if you terminate the retainer. However, in many cases law firms will agree to release their files to another firm if you wish, on the basis that the new firm agrees to cover their fees and costs. In some instances, firms will be willing to “pay out” another firm’s costs to secure the transition of representation. 

There are also certain restrictions imposed on lawyers that limit or restrict their ability to prevent their client from engaging alternate representation.

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