In Missouri, you have the absolute legal right to change attorneys at any point during your Missouri car accident case. Switching lawyers is a common occurrence, and it won’t hurt your case when done correctly.
Many people worry that changing lawyers will force them to start over or damage their claim. This is not true. Your new attorney will pick up exactly where the old one left off.
You don’t need your current lawyer’s permission to fire them. You also don’t need to give them a reason, though having a good reason helps ensure you’re making the right choice.
Common reasons people switch Missouri car accident lawyers include:
- Poor communication: Your lawyer doesn’t return calls or emails within a reasonable time.
- Pressure tactics: You feel rushed to accept a low settlement offer.
- Missed deadlines: You’re concerned that important dates have been overlooked.
- No progress: Months have passed with no meaningful action on your case.
- Lack of updates: Your lawyer fails to keep you informed of developments.
The key is acting quickly once you realize there’s a problem. Waiting too long could actually harm your case if important deadlines are approaching.
Is It Malpractice or Poor Communication?
Not every frustrating experience with a lawyer counts as legal malpractice. Legal malpractice is when your lawyer makes a grave mistake that directly harms your case and costs you money.
Poor communication, while annoying, usually doesn’t rise to the level of malpractice. Understanding the difference helps you decide whether to switch lawyers or pursue a separate malpractice claim.
| Legal Malpractice | Poor Communication |
| Missing the statute of limitations | Not returning calls promptly |
| Settling without your permission | Giving unclear explanations |
| Failing to file required documents | Infrequent case updates |
| Not adding key defendants | Personality conflicts |
| Misusing settlement funds | Slow response times |
Malpractice requires proving that your lawyer’s actions directly damaged your case. Poor communication is frustrating, but it typically doesn’t cost you money unless it leads to missed deadlines or other serious errors.
If you suspect malpractice, you may have two separate cases. One is your original car accident claim, and the other is a malpractice claim against your former lawyer.
What Happens to Fees if I Retain a New Attorney in Missouri?
You won’t pay double attorney fees when you switch lawyers in a Missouri car accident case. Personal injury lawyers work on contingency, meaning they only get paid a percentage of your final settlement or verdict.
When you switch lawyers, that single contingency fee gets split between your old and new attorneys. They work out the division based on how much work each one did on your case.
Your former lawyer may file what’s called a “charging lien” on your case. This is a legal document that protects their right to get paid for work already completed. However, this doesn’t increase the total fee you pay.
The fee split happens behind the scenes between the lawyers. You don’t have to negotiate or get involved in their discussions. Your final settlement amount shouldn’t be reduced just because you changed lawyers.
Contingency fee agreements typically require the attorney to be paid a portion of any settlement or verdict. Whether one lawyer handles your entire case or you switch partway through, you’ll still pay roughly the same percentage.
How Do I Switch Lawyers Fast Without Hurting My Claim?
Switching lawyers requires some planning to ensure your case stays on track. Taking the proper steps in the correct order protects your claim from delays or mistakes.
Gather Your Documents
Start by collecting every piece of paper related to your case. This includes your signed retainer agreement, all emails and letters from your lawyer, medical records, the police report, and other documentation you gathered, and insurance correspondence.
Having these documents ready speeds up the process when you meet with a new attorney. It also ensures nothing gets lost in the transition.
Ask for Your File
You have a legal right to your complete case file. Send a written request to your current lawyer for copies of all documents. If you’re uncomfortable doing this, your new lawyer can handle the request after you hire them.
Your old lawyer must provide your file promptly. They may charge reasonable copying costs, but they may not withhold your file over unpaid fees.
Call for a Free Second Opinion
Before making a final decision, get a free consultation with an experienced car accident lawyer. We’ll review your case, check for approaching deadlines, and explain how we would handle things differently.
This consultation gives you a chance to ask questions and see if the new lawyer is a better fit. There’s no cost or obligation to hire us after the consultation.
Stop Talking to Insurance Companies
Once you’re considering switching lawyers, don’t give any more statements to insurance adjusters. Inform them you’re retaining new legal counsel and that all future communications should go through your attorney.
Anything you say to insurers can be used against you later. It’s better to let your new lawyer handle all communications from day one.
Keep Treating and Documenting
Continue with all recommended medical treatment while switching lawyers, even if you’re concerned about how medical bills will be paid. Gaps in medical care give insurance companies ammunition to argue your injuries aren’t serious.
Keep a daily journal of how your injuries affect your life. This documentation becomes valuable evidence when negotiating your settlement.
Sign a Substitution of Counsel
Your new lawyer will prepare a document called a “substitution of counsel.” This form officially notifies the court, insurance companies, and your former attorney about the change.
The substitution process is simple and happens quickly. Your new lawyer handles all the paperwork and filing requirements.
What if My Lawyer Withdrew or Dropped Me?
Sometimes the lawyer ends the relationship first. Missouri Supreme Court Rule 4-1.16 allows lawyers to withdraw from cases for specific reasons.
Common withdrawal reasons include:
- Conflict of interest: The lawyer discovers they can’t represent you due to a conflict.
- Communication breakdown: You and the lawyer can’t work together effectively.
- Unpaid fees: In hourly cases, the lawyer may withdraw for unpaid bills.
- Client demands unethical conduct: You ask the lawyer to do something against legal ethics rules.
If your lawyer withdraws, you’ll receive written notice. However, the deadlines in your case don’t stop just because you no longer have representation.
You must find new representation immediately. Our skilled legal team at Beck & Beck Missouri Car Accident Lawyers can step in immediately, obtain your file from the withdrawing attorney, and assess what requires immediate attention.
Don’t panic if your lawyer withdraws. It happens regularly, and experienced lawyers know how to take over cases seamlessly.
What if My Lawyer Missed a Deadline or Settled Without Consent?
These are the most serious types of attorney errors. Missing critical deadlines or settling your case without permission can permanently damage your claim.
If your lawyer missed the statute of limitations, we first check whether the deadline truly passed. Sometimes there are exceptions or tolling provisions that extend the time limit.
We’ll also investigate whether the missed deadline was due to circumstances beyond the lawyer’s control. If it were pure negligence, you may have a malpractice claim worth pursuing.
Unauthorized settlements are another serious problem. If your lawyer settled your case without your approval, we’ll review every document you signed to determine if the settlement is binding.
In some cases, settlements can be challenged and overturned. However, this requires quick action and strong evidence that you never agreed to the terms.
These situations often require coordination between your injury case and a potential malpractice claim. We can handle your underlying car accident case while referring you to qualified malpractice attorneys.
How Much Time Do I Have Under Missouri Deadlines?
Missouri has strict time limits for filing different types of claims. Failure to meet these deadlines may permanently bar you from recovering compensation.
The main deadlines you need to know are:
- Personal injury claims: Five years from the date of the accident
- Property damage claims: Five years from the date of the accident
- Wrongful death claims: Three years from the date of death, making it crucial to contact a Missouri wrongful death lawyer promptly
- Claims against government entities: Much shorter deadlines, sometimes as little as 90 days
While five years may seem like ample time, evidence disappears and witnesses forget details. The sooner you act, the stronger your case becomes.
Certain circumstances may extend or “toll” these deadlines. For example, if you were unconscious or mentally incapacitated after the accident, the clock might not start running until you recovered.
Don’t assume you know exactly when your deadline expires. Let us review your specific situation to determine the amount of time you have remaining.
How We Take Over a Mishandled Missouri Car Accident Case
You sought help after a crash, expecting an advocate to fight for you. Instead, you feel ignored and worried that your lawyer’s mistakes are ruining your case. You should not have to suffer twice because of a legal team that fails to prioritize your future. If your attorney is unresponsive or pushing a low settlement, you have the right to switch to a firm that cares.
A Seamless Transition for Your Recovery
We have helped many victims get their claims back on track after bad experiences elsewhere. Our takeover process is designed to be hands-off for you. Once you choose us, we will send a formal notice to all parties within 24 hours. We handle the termination of your prior lawyer and coordinate the transfer of your entire file to ensure no evidence is lost.
Restoring Your Claim with Specialized Expertise
Our exclusive focus on Missouri auto accident law enables us to correct errors that general practice firms often make. We review your file to find missing coverage or investigative gaps. Our family-run firm is dedicated to aggressive negotiation, pushing for the full value of your case.
Better Advocacy at No Extra Cost
Switching to our firm typically incurs no additional cost. Your single contingency fee is shared between the firms in proportion to the work performed. You pay no upfront fees, and you owe us nothing unless we prevail. You deserve a partner who treats your recovery as their own.
Is your lawyer’s lack of communication stalling your progress? Contact Beck & Beck Missouri Car Accident Lawyers online for a free second opinion.
Reclaiming Your Future: Protect Your Rights When Your Attorney Fails You
If you think your car accident case is being handled poorly, don’t wait for a significant mistake to happen. The longer you wait, the more likely it is that essential deadlines will pass or evidence will be lost forever.
We know how stressful it is to think that your lawyer isn’t working for you. You already have injuries and medical bills that are piling up. You don’t need to worry about whether your lawyer is doing their job.
We offer free, private consultations to discuss how your claim is proceeding right now. In this meeting, we will review what has been done so far and discuss how our specialized focus would handle matters differently to help you recover as quickly as possible.
You don’t have to pay us anything until we win your case. We only get paid when you do, so you can switch to better representation without having to pay anything up front.
Our team is available 24/7 to talk to you and help you figure out how to switch firms. Don’t let another day go by without knowing if your case is being handled correctly or if your settlement is too low. You need a lawyer who is clear and fights hard for your rights.
FAQs About Switching Lawyers in Missouri Auto Cases
Can I Change Car Accident Lawyers in Missouri at Any Time?
Yes, you can switch lawyers at any point in your case. We recommend making the change as soon as you feel your current lawyer isn’t meeting your needs to avoid missing critical deadlines.
Do I Pay Two Contingency Fees if I Switch Lawyers?
No, you only pay one contingency fee that gets split between your old and new lawyers. The total percentage you pay remains the same regardless of whether you switch attorneys.
How Do I Get My Case File from My Old Lawyer?
You can request your complete file in writing since you legally own it. Your new attorney can also handle this request by sending a formal demand letter after you hire them.
What if My Lawyer Missed the Statute of Limitations?
Missing the statute of limitations may be legal malpractice, which demonstrates why you need a lawyer for your car accident case. We’ll review your case details to confirm the deadline and connect you with malpractice attorneys if needed while handling your injury claim.
