Changing Attorneys Midstream: What You Need to Know
When clients call me about changing attorneys midstream, the first thing I tell them is this: yes, people switch lawyers all the time, and they usually do it for a reason. Maybe their attorney won’t call them back. Maybe every conversation happens with a different staff member. Maybe the strategy feels off, or there’s just a personality clash. Whatever the reason, changing attorneys midstream is more common than most people realize — and you have the right to make a change when something isn’t working.
If you want a broader look at your rights, the New York State Bar Association offers helpful guidance on attorney–client relationships.
Do You Pay Two Attorneys?
No — and that’s the part that usually surprises people. If you switch lawyers, you don’t pay a full one-third contingency fee to both firms. Instead, that fee is split between attorneys based on the amount of work each performed. As the incoming attorney, I also reimburse the outgoing attorney for any case expenses they’ve already paid.
For more background on how contingency fees work in personal injury cases, this overview from NOLO is helpful overview.
How the Switch Happens
If I agree to take on a case, I review the records right away so I can make an informed decision. The paperwork varies depending on whether the case is already in litigation or still in the pre-lawsuit phase. In many situations, I prepare a formal stipulation, meet with the client to sign it in front of a notary, and file it with the court. In others, I move things forward through a simple exchange of letters. After completing the substitution, I notify everyone involved and direct all future communication to my office.
Do I Take Cases From Other Attorneys?
Sometimes — but I insist on a couple of steps first.
Step one: I encourage callers to schedule an in-person meeting with their current attorney. Most problems come down to communication, and a face-to-face conversation often clears things up. In many cases, the issue resolves itself and I never hear from the person again — which is the ideal outcome.
Step two: When someone has already tried to reconcile and still believes switching is necessary, I review the available records and make sure we’d work well together. Yes, I’ve misjudged a few “chameleons” over the years, but that’s part of the job.
Generally, I avoid cases already deep into litigation — especially those past depositions. Fee disputes can turn into full-blown battles, and judges dislike getting dragged into them. On top of that, I don’t want to inherit a case that wasn’t built in a way I can stand behind. Other attorneys may feel differently, but for me, being selective protects both the client and the practice.
Final Thoughts
Keep things simple. When the issue is a minor personality conflict or a communication hiccup, try working it out first. But if the concerns run deeper, trust your instincts and consult another attorney. A thoughtful lawyer will take time to evaluate the case and the working relationship — because changing attorneys midstream is a significant decision, and it deserves care.
If you’re considering a switch and want to talk through your options, reach out anytime to us at
https://www.midhudsoninjurylaw.com/contact
About Bryan Schneider
Bryan Schneider is a Hudson Valley personal injury attorney at MidHudson Injury Law. He represents clients in negligence, product liability, and dram shop cases across New York.
About Bryan Schneider
Bryan Schneider is a Hudson Valley personal injury attorney at MidHudson Injury Law. He represents clients in negligence, product liability, and dram shop cases across New York.