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Switching Personal Injury Lawyers: You’re not a Fish

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Switching Personal Injury Lawyers: You’re not a Fish

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Switching Personal Injury Lawyers: You’re not a Fish

Brubaker Injury Law

August 15, 2022


In the complex world of personal injury claims, clients often find themselves navigating unfamiliar waters. They seek justice, healing, and compensation, but sometimes their chosen legal representation falls short. This article sheds light on the necessity of switching personal injury lawyers when a client’s voice goes unheard, emphasizing that clients are not mere fish caught in a net. Additionally, we explore the fair distribution of contingency fees based on the principle of quantum meruit.

The Silent Client: A Fish in the Legal Net

Clients are not passive entities; they are active participants in their legal journey. However, when communication breaks down, clients may feel like fish ensnared in a net—voiceless, struggling, and overlooked. Signs that it’s time to switch lawyers include:

  • Lack of Communication: Clients deserve regular updates and responsiveness. If your lawyer isn’t keeping you informed, it’s time to reassess.
  • Ignored Concerns: When your legitimate concerns fall on deaf ears, it’s a red flag. Your lawyer should listen and address your worries.
  • Unmet Expectations: If promised outcomes remain elusive, consider whether your current representation truly advocates for your best interests.

The Right to Choose Counsel

The Sixth Amendment guarantees the right to choose counsel. While this primarily applies to criminal cases, its principles extend to civil matters, including personal injury claims. Clients have a presumption that they may retain counsel of choice, but this right is not absolute. Courts may deny a defendant’s selection if there’s a conflict of interest or other compelling reasons.

Switching Lawyers: Practical Considerations

Pause in the Action

Switching lawyers mid-case may cause temporary delays. Paperwork must transfer, and the new attorney needs time to familiarize themselves with your case. However, if your voice has been stifled, a brief pause is worthwhile.

Fresh Perspectives

A new lawyer brings fresh eyes and alternative strategies. Sometimes, hitting the reset button with a different approach can lead to better outcomes. Your voice deserves to be heard clearly.

Contingency Fees and Quantum Meruit

Contingency fees—where lawyers are compensated based on case outcomes—are common in personal injury cases. However, clients need not fear extra fees when switching lawyers. The principle of quantum meruit ensures fairness:

  • Quantum Meruit: Latin for “as much as deserved,” it means lawyers should be compensated fairly for the work they’ve done. If you switch lawyers, the original attorney is entitled to a reasonable fee for services rendered up to that point. However, clients should not pay double fees.
  • Fair Split: The new lawyer’s fee should come from the same contingency fee pool. Clients shouldn’t bear the burden of extra costs due to switching.


Clients are not passive fish; they are active participants with rights. When your voice isn’t heard, consider switching lawyers. Remember, justice isn’t a net—it’s a path where your voice matters. Fair compensation, guided by quantum meruit, ensures a client’s right to find the right attorney for their case.

When the stakes are high, choose a law firm that combines experience, trust, and results. Brubaker Injury Law is more than just a legal team; they’re your allies in seeking justice, obtaining compensation, and holding those responsible accountable.

Reach out to them today for a free case evaluation. Call (800) 817-9301 or visit their website to schedule an appointment. Brubaker Injury Law is always here to take a second look at your case.

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