Choosing the right personal injury attorney can make a huge difference in your case. But what happens if things aren’t going well with your current lawyer? Maybe they’re not communicating, missing deadlines, or just not making progress on your claim. If you’re thinking about switching lawyers mid-case, it’s normal to worry about what that means financially. One of the most common concerns is, “Will I have to pay two lawyers?”

The short answer is: no, you typically won’t have to pay twice out of your settlement. But the way fees are handled when switching lawyers does depend on several factors, including your original agreement, the stage of your case, and state-specific rules. In this article, we’ll walk through what to expect when switching personal injury lawyers, how fees are divided, and when it might be the right move.

Why Clients Switch Lawyers in a Personal Injury Case

First, it’s important to know that you have the right to change lawyers at any point during your case. It’s your claim—and you should feel confident in who’s representing you.

Some common reasons people decide to make a switch include:

• Lack of communication or responsiveness
• Disagreements over strategy or case value
• The attorney seems inexperienced or overwhelmed
• You’ve lost trust in the firm’s ability to handle your claim

If you’re having second thoughts about your legal team, it’s worth exploring your options. However, you should understand how fees will work before making a change.

Will You Have to Pay Both Lawyers?

In most personal injury cases, attorneys work on a contingency fee basis. That means they don’t get paid unless you win your case—and their fee is a percentage of your final settlement or court award.

When you switch lawyers, both your former and new attorneys may have a claim to that fee. But you’re not expected to pay twice. Instead, the lawyers typically work out how to divide the original contingency fee between them.

For example:

• If your original agreement was for a 33% contingency fee and you switch lawyers halfway through the case, your former lawyer may be entitled to a portion of that 33% for the work they performed.
• Your new lawyer would receive the remainder.

You still only pay one legal fee—it’s just split between the attorneys. And this division happens behind the scenes, often without you needing to be involved.

What Happens to the Original Retainer or Agreement?

If you signed a contingency fee agreement with your first lawyer, that agreement is still relevant even after you switch. The attorney may file a lien on your case to ensure they’re compensated for their work.

This doesn’t mean they’ll hold up your case—it’s just a way for lawyers to claim a fair share of the final fee. Your new lawyer can often negotiate the split or even reduce their own share slightly to make room for the previous attorney’s fee, so your total payout remains the same.

How to Switch Lawyers Without Hurting Your Case

Switching lawyers doesn’t have to be complicated, but it’s best to go about it carefully to avoid delays or confusion.

1. Find a New Lawyer First

Before cutting ties with your current lawyer, secure new representation. Many attorneys won’t accept a transfer case without reviewing the details first.

2. Sign a New Contingency Agreement

Once you choose a new attorney, you’ll need to sign a new agreement that outlines their representation and fee structure.

3. Notify Your Current Lawyer in Writing

You don’t need to give a long explanation—just a clear, written notice that you’re terminating the relationship. Your new lawyer can also help handle this communication.

4. Transfer Your Case File

Your original lawyer is required to turn over your case file to your new attorney. This includes medical records, correspondence, evidence, and other materials.

5. Let Your New Lawyer Handle the Fee Division

Your new lawyer will work directly with the previous one to resolve any fee disputes or division of compensation.

Massachusetts and New Jersey Laws on Attorney Fees

If your case is in Massachusetts or New Jersey, both states follow similar principles:

• Contingency fee agreements must be in writing.
• A discharged attorney can file a lien for the value of their services.
• Courts may become involved if the attorneys can’t agree on how to split the fee.

You still won’t owe more than the agreed-upon contingency fee—it just gets shared.

Call Brandon J. Broderick For Legal Help

If you’re frustrated with your current personal injury lawyer or just feel like it’s time for a change, you’re not stuck. Switching attorneys is your right—and it doesn’t mean you’ll end up paying twice.

At Brandon J. Broderick, Attorney at Law, we can review your case, explain your options clearly, and handle the transition process professionally and respectfully.

Contact us today for a free consultation.