Changing Your Attorney
The decision that will impact your case more than any other is the attorney you choose to represent you. If you have been injured and need to pursue a personal injury claim, it’s crucial that you have a reputable, experienced attorney willing to fight for the fair compensation that you need and deserve.
Unfortunately, some attorneys encourage their clients to settle quickly so they can move on to the next case, rather than invest the time and money it takes to properly litigate on their client’s behalf. To give your case the appropriate time and attention it deserves, your lawyer must be willing to thoroughly investigate the accident, evaluate your injuries, devote the necessary manpower, and, if necessary, take your case to trial to pursue a jury verdict or settlement that’s fair.
If you question whether you have hired the right attorney to handle your case, you should not hesitate to consider other options. You are permitted to change your attorney at any time—and at no additional cost. Many people don’t realize that switching to a better prepared or more qualified attorney is not only common practice, it’s likely the most important decision they can make in their case.
The Hach & Rose, LLP Difference
Over the years, the team at Hach & Rose, LLP has become the go-to law firm in New York for many plaintiffs who are not confident in the initial legal team they’ve hired.
In one example of a case taken over by the law firm Hach & Rose, LLP, a construction worker severely injured on the job was encouraged by his former attorneys to accept a $40,000 settlement offer. The client required significant medical treatment and he was concerned that his injuries were not healing, so he sought a second opinion. The client’s instincts were right. After switching to the attorneys at Hach & Rose, LLP and going through the litigation process, his case settled for $2,000,000.
In an earlier case, Attorney Michael Rose was contacted by an inmate who was seriously injured on a prison bus while being transported from one facility to the another. He initially hired the lawyers who handled his criminal case, rather than by an experienced personal injury lawyer. As a result, his case was not in the right hands. Michael Rose took over the case, and when the client wasn’t offered a fair settlement, he took the case to trial, where it settled for close to one million dollars.
The Lawyer’s Reputation Could Impact Your Settlement
Your attorney’s qualifications, attention to detail, integrity, and ability and willingness to litigate your case will affect your settlement. As will your attorney’s reputation for these qualities. Many clients don’t realize their attorney’s reputation is an important factor in their case.
“Insurance companies and the people who defend these cases know who the law firms are that are looking to settle a case quickly,” says Hach & Rose, LLP partner Michael Rose, “verses the quality law firms that will only accept a settlement if it’s appropriate for the client.”
If you hire the wrong firm, the defendant or the insurance company involved may not take your case seriously, or they’ll believe they can get away with paying you less. That simply won’t happen with Hach & Rose, LLP, which is known for its willingness to go to trial, when needed. The reputation of the attorney you choose will affect your settlement value.
Whether you’re concerned your attorney has a lack of experience in personal injury cases, or you feel communication is lacking, or if you simply feel a lack of confidence in your attorney, it will always be to your benefit to get a second opinion. It costs nothing, and when you seek a consultation with a reliable, reputable firm such as Hach & Rose, LLP, it will always be totally confidential, so there is no risk in discussing your case with other people or the law firm that is currently representing you.
Hach & Rose, LLP will provide you with an honest, clear assessment of your situation. They will let you know if it’s in your best interest to stay with your current attorney, or if it could be to your advantage to make a change. It’s always beneficial to get more information, especially if you have questions about how your case is being handled. The attorneys at Hach & Rose, LLP firmly believe that injured individuals deserve the highest-quality representation, and serious injury claims require an attorney with specific experience and qualifications.
Now Is the Right Time
It is never too late to contact another law firm for a consultation. You have the right to choose the attorney that will best represent you at any time in your case. The sooner you switch attorneys, the less likely it is that mistakes will be made on your case, and the more time a qualified attorney will have to fix any problems and/or do any legal work that should have been done by your former law firm.
No matter how far advanced your case is, you will always benefit from having a knowledgeable attorney represent your interests and negotiate on your behalf. It’s important that you seek a second opinion from a well-respected firm who has the experience to know whether you may benefit by changing firms. Your optimal settlement will be directly related to having an optimal representation of your case.
We have provided the following frequently asked questions and their answers below to help you learn more about your rights and the process of replacing your legal counsel if you are dissatisfied with your current representation. If the answer to your question is not on this page, or if you are considering changing your current attorney, contact the legal team of Hach & Rose, LLP at (212) 779-0057 today.
When should I change my attorney?
Your lawyer is one of the most important components of your lawsuit. Lawyers serve as your mouthpiece and directly affect the outcome of your case. There are a number of reasons why you may no longer be happy with your lawyer or might not be confident in their ability to get you the fair compensation you need and are owed.
You may no longer see eye to eye with your lawyer or trust their judgement, which runs a huge risk of not getting the results that you want. Maybe you are frustrated that your lawyer is not properly communicating with you – they may not return your emails or phone calls or generally leave you “in the dark” about your case. You might find as the lawsuit progresses that you need an attorney with more experience or different skills, such as an attorney with trial experience as you realize that a settlement may not be possible for your case.
Whatever your reason for having buyers’ remorse may be, you almost always can change your lawyer. You should seek a consultation with another lawyer as soon as you question or are dissatisfied with the representation you are receiving.
How do I change my attorney?
Once you decide you want to change your attorney, do not fire your current one before hiring their replacement. Firing your attorney prematurely might mean that you’ll risk missing important deadlines which can be harmful to your case.
Fortunately, once you retain new counsel, you will not have to deal with any of the logistics involved with the transition as your new attorney will handle everything for you.
How much will changing my attorney cost?
Nothing. Personal injury attorneys are generally paid on a contingency fee basis. Paperwork to change attorneys can be signed with your new attorney who will deal with the logistics of transferring your case file. In New York State, attorneys are paid a contingency fee of one-third.
Whether you have one or multiple attorneys who have represented you, the legal fee remains the same. If an attorney did work they deserve to be paid for, they will receive a portion of the contingency fee. You will pay no extra money.
Will switching attorneys hurt or delay my case?
No. What can hurt your case is if the attorney representing you is unqualified to handle your case properly. The sooner you change attorneys, the more likely it is that any problems or deficiencies in the legal work that has been done can be fixed.
If you switch to a well-qualified attorney, it is likely your case will move forward in a more efficient manner. Your former attorney is required to forward their legal files regarding your case in a timely manner. Changing attorneys is a common practice. If your first attorney becomes difficult, judicial intervention can easily solve this problem. If you feel like your current attorney is not representing you the way they should, failing to switch attorneys can be extremely harmful to your case.
The Outcome of Changing Attorneys
Not only can changing attorneys ensure your case is handled properly, but if you are represented by attorneys that have a good reputation within a particular field, it is much more likely that insurance companies and people defending the lawsuits will recognize that your case will only resolve for the amount you deserve.
Clients that switched to the law firm of Hach & Rose, LLP have, in some cases, been awarded upwards of a million dollars in their settlements, compared to the thousands of dollars their previous attorneys were encouraging them to take. If you are dissatisfied with the legal representation you have received, you can change your lawyer to someone who has your best interest in mind and the right experience to see your case through to a successful conclusion.
You and Your Family Come First
While firing someone is not an experience most of us enjoy going through, it can have a tremendous impact on the success of your case. Remember, it is you and your loved ones who will live with the outcome every day for the rest of your lives, so do what is best to protect your future. While your attorney has significant control over the outcome of your lawsuit, you have complete control over who you select to represent you and your family.