You almost always have the right to change attorneys, and doing it correctly rarely increases your total fee — the two firms typically split the single contingency fee. Here is how to switch cleanly, protect your case, and avoid the mistakes that cause problems.
You have the right to change attorneys
A client generally has the right to discharge their attorney at almost any time, with or without cause. You do not have to stay with a lawyer you have lost confidence in. The relationship is yours to end — though timing and method matter, especially close to a deadline or trial.
What switching actually costs
This is the biggest worry, and the good news is reassuring: because train cases run on a single contingency fee, switching usually does not double your cost. The departing and incoming attorneys typically divide that one fee based on the work each performed. You generally are not signing up to pay two full one-third fees. Confirm the specifics in your new fee agreement.
Attorney fee liens, explained
When you change lawyers, the first attorney may assert a charging lien — a claim for the reasonable value of the work they already did, paid out of the eventual recovery (not your pocket up front). In a contingency case this is normally settled between the two firms from the shared fee. A good incoming attorney handles the lien negotiation so you are not caught in the middle. We cover the underlying fee mechanics in contingency fee explained.
How to switch the right way
- Line up the new attorney first. Interview replacements using the 15 questions before you fire anyone, so there is no gap in protecting your case.
- Get it in writing. Notify the current attorney in writing that you are terminating representation.
- Request your file. You are entitled to your case file; the new attorney usually handles the transfer.
- Mind the deadline. Confirm no filing or notice deadline falls during the transition — this is the one true risk of switching.
When switching is worth it
Consider changing if your attorney won't return calls, can't explain your case, lacks railroad-specific experience, or shows the red flags we describe elsewhere. A communication lull is not always a crisis — cases have quiet stretches — but a pattern of being ignored, kept from the litigating attorney, or pressured is a real reason to move on.
