Can I switch lawyers in the middle of a case?

I had an accident last year about 16 months ago. I was hit by a drunk driver and my car was totaled. My daughter, my husband and I were seriously hurt. The lawyer that my husband got was referred by a friend. For the first month we had to deal with the insurance company ourselves, we had to do our own investigation and we had to pay for the accident report. Now he’s giving us the runaround.

Asked on April 6, 2017 under Personal Injury, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If it's not shortly before trial, you should be able to change lawyers at will, though you should call the judge's clerk to check. If the trial is about to come up, you would have to make a motion and get the judge's approval: courts are reluctant to allow changes in attorney soon before trial, because that disrutps and delays the case. When you do speak to the judge's chambers (the clerk or someone else in the judge's office) to see if need to make a motion or not, stress the conflict with your lawyer and lack of communication; if they do require a motion, make sure to put that into the motion papers.


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