Can I Change Injury Attorneys in Florida?
Yes. The answer to the question is yes. In Florida the Florida Bar considers that the attorney works for the client and that the client can terminate their attorney. In personal injury cases it is the client who is in control and is the decision-maker on their case.
OK, How Do I Change Attorneys?
There is no specific rule that the termination has to be in any certain form or format. A simple letter or email is sufficient when it advises the attorney you want them to cease work for you and that you have terminated the representation. Like the following:
This letter will inform you that I no longer wish to have you represent me in my personal injury case. Therefore, please take no further action on my behalf. I will contact you where to send my file.
Signed [by client]
Of course, it is best to make sure you send the letter so that it can be documented it was sent and received. Email is good and sufficient. We also suggest sending by UPS/Fed EX because you get notification that the letter was received, what time it was received, and who signed for it. If the attorney confirms that they received your email and are taking no further action for you, then that is proof you terminated the relationship.
Do I Have to Talk With the Attorney That I Fired?
No. There is no requirement that if you fire your previous attorney that you have to talk with them. You do not have to take their call. You do not have to write them back or email them back. Once you terminate that relationship your ex-attorney should not take any further action on your case.
I Want to Go With a New Attorney, What Happens Next?
When you hire a new attorney to represent you on your injury case, they will contact the prior attorney and seek file materials so that your case can continue onward without delay. NOTE: It is important that you not allow your case to lag between attorneys—and this is especially true if your case was in litigation or was close to the statute of limitations and suit had not been filed. Attorneys in Florida who practice in personal injury cases take them on a contingency basis (no recovery/no fee). We know of no attorneys in Florida handling injury cases on any other basis.
How Do I Know When I Need to Change Personal Injury Attorneys?
There are several indications “when it’s time for a change”. When the case isn’t moving. When no one seems to know what is happening on your case. When you are not hearing anything for long periods of time. Or when your calls go unreturned. The bottom line is up to the client; however, some firms assign case numbers to their clients. We feel this is a bad approach from the outset. Our client cases are known by our client names.
We Are Ready Right Now
Yes you can change your attorney on your personal injury case. If you are not getting answers, if you are feeling and being treated like a number, we would be honored to help. Remember, this is your case. You deserve representation that treats you and your case as more than just a number.
We represent only injured clients and never once an insurance company. You can have confidence in our 25 years of successful representation of injured clients.
Yes we are ready to help you right now.