Can You Switch Attorneys in the Middle of a Pennsylvania Workers’ Compensation Case?
The simple answer is yes. You can switch workers’ compensation attorneys at any time, even in the middle of a case.
Common Reasons to Switch Workers’ Compensation Attorneys
Below are some common reasons why people switch attorneys in the middle of their case. This is not an exhaustive list, and these are certainly not the only reasons you can switch attorneys in the middle of a workers’ compensation case, but they are reasons we frequently hear from clients looking for a new workers’ compensation attorney.
Lack of Communication from Your Attorney
Your attorney is not returning your calls or responding to your emails. Or maybe your attorney is responding, but not in a timely manner. This can be frustrating and may make you want to consider alternative representation. Regardless of the specific issue, communication is key. If you are not happy with the amount, timeliness, or quality of the communications with your attorney, you can change representation.
If your case is not progressing the way you expected or your claim has been mishandled, it is important to understand your rights, especially if you are dealing with a denied workers’ compensation claim in Pennsylvania.
Lack of Experience in Workers’ Compensation Law
During the litigation of your workers’ compensation case, it is natural for you to have questions about the process, potential results, and next steps. Your attorney should be able to guide you through complex issues like benefits, litigation strategy, and even determinations such as maximum medical improvement in a Pennsylvania workers’ compensation case. If that is not the case, and you feel as though your questions are not being answered, or they are being answered but not in a way that makes you comfortable, you can switch attorneys.
Pressure to Accept a Low Settlement
Making the decision to settle your case is a decision that should not be taken lightly, and one that you should certainly not feel pressured into doing. The decision to settle should come after discussing the pros and cons of settlement, weighing the potential risks of letting your case go to a decision from the Judge, consulting any family members or friends for advice, ensuring you understand the terms of the settlement, and taking time to consider what is in your best interests. If you feel pressured into taking a settlement that may not be in your best interests, you may want to consider switching attorneys and better understanding how much your workers’ compensation case is worth.
Ineffective Advocacy or Loss of Trust
The length of workers’ compensation cases varies for a variety of reasons, but regardless of how long your case lasts, it is crucial that you trust your attorney throughout the process and feel as though your attorney is advocating on your behalf. Trust is a critical element of any relationship, including an attorney-client relationship. To ensure effective advocacy, there must be trust between the client and the attorney. If, at any point during the pendency of your case, you feel as though the trust between you and your attorney has been damaged or broken, you may want to consider switching attorneys. Similarly, if you do not feel as though your attorney is effectively advocating on your behalf, you may want to consider switching attorneys.
What to Know Before Switching Workers’ Compensation Attorneys
If you are considering switching attorneys or have already made the decision to switch attorneys, here are some common questions and considerations about switching your attorney in the middle of your workers’ compensation case:
Will Switching Attorneys Increase My Fees or Costs?
Changing attorneys rarely increases your total attorney fees, as the previous and new attorneys will split the contingency fee (usually capped at 20–25% depending on the state).
The previous lawyer may have a “lien” on your case, meaning they are entitled to a portion of the final settlement based on the work they performed. However, this is likely work that your new attorney would have had to perform anyway and will not have to perform now because it has already been done.
When Is the Best Time to Switch Attorneys?
The earlier, the better. However, you can switch attorneys at any point. If depositions have already been taken and/or discovery has been exchanged, your new attorney will need time to review what has already been done and become familiar with your file. A change in attorney right before a hearing or trial can potentially delay proceedings. Although there could be slight delays in your case when switching attorneys, if you are unhappy with your current representation, the benefit of a new workers’ compensation attorney will likely outweigh the potential delay.
How Do I Switch Workers’ Compensation Attorneys?
You may need to file a substitution of attorney form with your state’s Workers’ Compensation Board or advise the Judge overseeing your case that you would like to make a change in your legal representation. You generally do not need to tell your old lawyer why you are leaving, but it is often better to find a new lawyer first, who will then handle the transfer of your file.
It is strongly advised to consult with a new workers’ compensation attorney before terminating your current one to ensure a smooth transition.