A Client May Generally Change Lawyers, but the Transfer Must Protect the Case and Address Contract Terms
A Chicago client may generally replace counsel during a personal injury matter, subject to the existing agreement, procedural rules, court approval where applicable, possible fee or lien issues, and the willingness and ability of a new firm to accept the matter. The first verification problem is continuity: who is responsible for every deadline, document, communication, and court obligation during the transition?
Review the Concern and the Current Agreement First
Define the reason for considering a change, perhaps communication, strategy, trust, delay, scope, billing, conflict, or another problem. Review termination, withdrawal, fee, expense, file, lien, dispute, and notice provisions. A direct discussion may resolve a misunderstanding, but a client need not ignore a serious concern merely to avoid asking questions.
Do not stop meeting medical, insurance, discovery, or court obligations while considering a change. Preserve correspondence and the latest docket or calendar. An existing accident lawyer should not be assumed discharged until the required notice and procedural steps are completed.
Build a Transfer Plan Before Creating a Gap
Prospective new counsel may need conflict checks, time to review the file, and a signed engagement before taking responsibility. The transition can include written termination, file authorization, inventory and delivery, substitution documents, notice to insurers and parties, court approval, protection of confidential material, and confirmation of the next deadline.
The complete file may include pleadings, orders, discovery, evidence, medical and wage records, correspondence, offers, policies, expert work, cost ledger, trust information, and prior advice. Use an inventory that states format, custodian, delivery date, missing item, and access credentials without sharing sensitive material insecurely.
Address Prior Work and Costs Without Guessing
Changing counsel is not automatically cost-free. The old and new agreements, work performed, expenses, any asserted lien, fee-division rules, recovery, and governing law may affect the ultimate accounting. Do not accept or reject a fee claim without reviewing the supporting contract and record.
Bring the current agreement, docket, deadline list, file inventory, cost statement, offers, discovery schedule, and written communications to a personal injury lawyer evaluating the transfer. Ask for a dated continuity plan identifying who will notify each participant and control each task. Include the latest insurer correspondence, pending document requests, hearing notices, expert dates, and access details for any secure file portal. That approach protects the client’s choices without promising acceptance, a particular fee allocation, or a different case result. At S&S Law, we help Chicago clients with changes in counsel.