Can I Change Lawyers in the Middle of a NY Personal Injury Lawsuit?
Can I change lawyers mid-case? Yes. In New York, you can change lawyers in the middle of a personal injury lawsuit at any time before you sign a settlement release.
In most contingency fee cases you don’t pay twice: your old and new lawyer split one fee, and your new lawyer handles the paperwork.
Can I Change Lawyers Without My Current Lawyer’s Permission?
You can. New York’s Statement of Client’s Rights says you have the right to “discharge your attorney and terminate the attorney-client relationship at any time.”
You don’t need to give a reason, and you don’t need your current lawyer’s permission.
The statement also makes it clear that you, not your lawyer, have the final say about settling. If you ever feel pressured to accept an offer you’re not comfortable with, that’s a good reason to seek a second opinion.
The one hard cutoff: once you sign a settlement release, the case is over. A new lawyer can’t reopen it. If you have doubts, get them answered before you sign anything.
Signs It May Be Time to Switch Lawyers
Most people don’t decide to switch after just one bad phone call. Usually, it happens when they notice a pattern. Here are the signs we hear about most from people who contact us in the middle of their case:
- You can’t get in touch with your lawyer: Your calls go to voicemail, your emails aren’t answered for weeks, and you only ever speak with an assistant.
- You aren’t sure what’s happening with your case: You don’t know if a lawsuit has been filed, what stage it’s at, or what will happen next.
- Deadlines are being missed: Court dates are slipping by, filings are late, or you haven’t heard if your lawsuit was filed before the statute of limitations.
- You’re feeling pressured to settle: Your lawyer urges you to accept a quick offer but doesn’t explain why it’s fair or what your case might be worth at trial. (Here’s how to tell if an insurance company is lowballing your claim.)
- Your case needs a trial lawyer, but yours doesn’t go to trial: Some firms settle every case, and if the insurer knows this, they’re less likely to pay the full value.
- You’ve lost trust: If you don’t believe your lawyer is acting in your best interest, that matters, even if you can’t name a specific mistake.
How to Change Lawyers in New York, Step by Step
Most of the work involved in switching lawyers is paperwork, and your new lawyer will handle most of it for you. Here’s what typically happens:
- Start by getting a free second opinion: Speak with another personal injury lawyer before deciding to leave your current one. Bring your retainer agreement and any letters or court papers you have.
- Sign a retainer with your new lawyer: In New York, most personal injury retainers are contingency fee agreements, so you do not have to pay anything up front.
- Your new lawyer will notify your old lawyer for you: You do not need to make that call yourself. The new firm will send a letter to request your file.
- File the “consent to change attorney.”: If a lawsuit has already been filed, CPLR 321(b) allows you to change attorneys by filing a consent form signed by your old lawyer and also signed and notarized by you. If your old lawyer will not sign, your new lawyer can ask the court for an order instead.
- The case file is transferred: Medical records, police reports, photos, deposition transcripts, and correspondence are sent to the new firm, and your case continues from where it left off.
If the injured person is a child or someone who can’t legally act for themselves, the consent form isn’t enough. Under CPLR 321(b), the change has to go through the court.
Will You Have to Pay Two Lawyers?
Usually, the answer is no. The fee is divided between the lawyers instead of being added to your costs.
Most of the time, the new lawyer pays the old lawyer’s share from a single contingency fee, which is often one-third of the net recovery in accident cases.
Your previous lawyer is protected by a charging lien under Judiciary Law § 475. This means the old lawyer has the right to be paid from any money you recover, but the amount depends on the reason you ended your relationship with them:
| Situation | What the old lawyer can get | What it usually means for you |
|---|---|---|
| You switch without cause (you just want a different lawyer) | The fair value of the work done, or a share of the contingency fee based on how much that work contributed | The lawyers divide one fee between them |
| You switch for cause (misconduct, neglect, serious errors) | Nothing. New York courts deny any fee to a lawyer discharged for cause | The old lawyer may contest it, and a court decides |
| Case expenses (filing fees, records, experts) | Reimbursement of costs the old firm advanced | Usually repaid from the settlement, as your retainer describes |
New York’s highest court set out these rules in Cohen v. Grainger, Tesoriero & Bell and Lai Ling Cheng v. Modansky Leasing. The split is often settled between the lawyers at the end of the case, when it’s clear how much each one contributed.
Ask this before you sign: “Will my total fee stay the same, and will the old lawyer’s share come out of your fee?” A good lawyer will put the answer in writing.
Is It Ever Too Late to Switch?
It’s only truly too late to switch lawyers after you sign a release.
Before that, you can change lawyers during discovery, after depositions, or even close to trial. It’s harder to switch right before trial since the new lawyer needs time to prepare, and the court might not allow a delay.
Remember, switching lawyers doesn’t pause any deadlines. If your lawsuit hasn’t been filed yet, the clock keeps running while you make your decision.
- 3 years to file most personal injury lawsuits (CPLR 214).
- 90 days to file a Notice of Claim against a city or public agency, such as the NYPD, MTA or NYC Health + Hospitals (General Municipal Law § 50-e).
- 1 year and 90 days to sue a city or public agency.
If you’re close to any of these, don’t wait to make the call.
Will Changing Lawyers Hurt Your Case?
Usually, no. All the work that’s already been done, such as gathering evidence, medical records, and testimony, stays in your file. When you hire a new lawyer, they use what’s already there and pick up from that point.
Insurance companies don’t see changing lawyers as a weakness. If you move to a firm that is ready to take your case to trial, they might even take your claim more seriously.
The main risk is waiting too long. If you miss a deadline or sign a release, it can be very hard to fix the case. But if your case is only moving slowly, there is usually still time to get things back on track.
How We Handle Cases Mid-Stream
If you call us while your case is already underway, we begin by reviewing your file instead of trying to sell our services. Sometimes, the truth is your current lawyer is doing a good job, and we’ll tell you that.
If we take over your case, you’ll talk directly with a lawyer, not a case manager. If your injuries prevent you from coming to us, we’ll visit you at home or in the hospital.
We also handle the transfer, the consent to change attorneys, and the fee arrangement with your former lawyer, so you don’t have to worry about it.
We’ve achieved strong results for New Yorkers, such as a $3 million settlement for a passenger who was seriously hurt by a roadway defect on the Grand Central Parkway.
You can read what our clients have to say on our reviews page or find out more about our NYC personal injury practice.
Thinking About Changing Lawyers? Get a Free Second Opinion
If you’re asking “can I change lawyers?”, the answer is almost always yes. You don’t have to decide alone, and a conversation doesn’t commit you to anything.
Contact Greenstein & Pittari for a free, confidential review of where your case stands and what your options are.
Frequently Asked Questions
1. Can my current lawyer refuse to let me switch?
No. Your lawyer can’t keep you as a client against your will. If they won’t sign the consent to change attorney, your new lawyer can ask the court for an order under CPLR 321(b). Your old lawyer’s fee stays protected by a charging lien, so most lawyers sign.
2. Will changing lawyers delay my personal injury case?
Usually only briefly. The new lawyer needs time to review the file, which can take a few weeks. If a trial date is close, the court may grant a short adjournment, but that’s up to the judge.
3. How many times can I change lawyers?
There’s no legal limit. In practice, each prior lawyer may claim part of the fee, so after two or three changes some firms are reluctant to take the case.
4. Do I have to tell my current lawyer I’m leaving?
You don’t have to have that conversation yourself. Your new lawyer will notify the old firm, request the file and handle the consent form.
5. Can I change lawyers after I accept a settlement offer?
If you’ve agreed to an offer but haven’t signed the release, talk to a lawyer immediately. Once the release is signed, the case is closed and generally can’t be reopened.