Home When Is It Too Late to Change Lawyers? Your Rights in California

When Is It Too Late to Change Lawyers? Your Rights in California

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October 30, 2025Elvis Goren

You’re months into your case. Your lawyer won’t return calls. The insurance company made a lowball offer that your attorney seems ready to accept. Maybe they missed a filing deadline, or you just found out they’ve never actually tried a case like yours. Now you’re wondering if you can still switch attorneys, or if you’re stuck.

Here’s the truth: You can fire your lawyer at any time. The California Supreme Court made this crystal clear in Fracasse v. Brent, and it’s written into California’s Rules of Professional Conduct. No attorney can force you to keep them on your case. But knowing you can switch and knowing when to switch are different things. The timing matters, especially if you want to avoid delays or complications. Let’s walk through what you need to know.

Understanding Your Right to Change Lawyers

California law gives you absolute power to fire your attorney. You don’t need a “good” reason. You don’t need any reason at all.

Your current lawyer cannot stop you from leaving. They can’t hold your case files hostage. They can’t threaten you with abandonment. Rule 1.16 of California’s Professional Conduct rules actually requires them to cooperate with the transition. They must return your documents, preserve your rights, and avoid any actions that would harm your case.

The only catch? If you’re already in litigation and have court dates set, you might need the judge’s permission. Courts don’t like surprises right before trial. But even then, judges usually approve attorney changes unless you’re obviously trying to delay proceedings.

What Your Current Lawyer Cannot Do to Stop You

Your attorney might try to guilt you about the work they’ve done or claim you owe them money. They might drag their feet on transferring files. Some even try to scare clients by saying switching will ruin their case.

None of this is legal. California law requires attorneys to promptly return all client property, including your complete file. They must refund any unearned fees. They cannot sabotage your case or badmouth you to your new attorney. If they try any of this, they’re violating state bar rules, and you can file a complaint.

Personal Injury Cases: Key Switching Windows

Timing your switch in a personal injury case isn’t just about legal procedure. It’s about strategy. Most California personal injury cases settle within 6 to 18 months, and each phase offers different advantages for making a change.

Early Case Development Best Window
First 6 Months
Your new attorney can rebuild strategy from the ground up while medical treatment and investigation are still underway. At this stage, you haven’t reached maximum medical improvement (MMI), so your lawyer has room to shape outcomes that benefit your case.
During Active Treatment and Discovery
Treatment Phase
This is an opportune time to make a change. Before discovery closes, a new attorney can file additional motions, redepose witnesses, and engage experts your current counsel overlooked. Once discovery locks, your options become more limited.
Settlement Negotiation Phase
When Offers Emerge
If weak demand letters or low initial offers signal passive representation, a fresh attorney can often restart negotiations with better leverage. Avoid any verbal settlement agreements, which can complicate switching later.
Pre-Trial Preparation
Close to Trial
Courts may push back on last-minute attorney changes to avoid trial delays. However, since the vast majority of cases settle before trial, switching late can still result in better negotiated outcomes than proceeding with inadequate representation.

Quick Timeline Overview

Early Case Development (First 6 Months): The ideal switching window. Your new attorney has time to build the case properly, shape the investigation, and develop a strategy while your medical treatment is ongoing. You haven’t reached maximum medical improvement (MMI) yet, so your case value is still developing. Think of it like switching contractors early in a renovation – some work might need redoing, but you’re not tearing down a finished house.
During Medical Treatment and Discovery: Legal experts refer to this as the sweet spot for making attorney changes. Your new lawyer can review everything, file motions to reopen certain discovery aspects, depose witnesses your first attorney missed, and hire experts your current lawyer was too cheap to retain. The key is discovery hasn’t closed yet – once it does, your options narrow significantly.
Settlement Negotiation Phase: Many clients realize they need new representation when their attorney sends a weak demand letter or pressures them to accept the first offer. A skilled negotiator can restart talks and get better offers, especially if your current attorney has been passive. Just avoid verbally agreeing to any settlement amount, even informally, as backing out then becomes complicated.
Pre-Trial Preparation Window: Switching gets trickier but not impossible. Courts may deny attorney changes if they would delay trial, especially if the other side would be prejudiced. But remember – over 95% of personal injury cases settle before trial. Even switching weeks before trial, your new lawyer might negotiate a better settlement and avoid trial entirely.

Potential Drawbacks and How to Minimize Them

Let’s be honest about what switching might cost you.

Time is the biggest concern. Your new attorney needs to review everything, which takes some time. If you’re switching because your current lawyer has been sitting on your case for months, though, even a delay might move things faster than staying put.

There’s also the fee situation. In contingency cases, your fired attorney can claim “quantum meruit” – basically, reasonable payment for work already done. But here’s the thing: They only get paid if and when you win. Their payment is calculated at an hourly rate, not the full contingency percentage. Your new attorney handles these negotiations, and judges often reduce excessive fee claims from fired attorneys.

Some clients worry about looking flaky to insurance companies or opposing counsel. Don’t. Insurance adjusters frequently see attorney changes. If anything, bringing in a stronger lawyer often makes them take your case more seriously.

The Attorney Transition Process in California

California makes the substitution process relatively straightforward. You’ll sign a substitution form (called an MC-050) that gets filed with the court and sent to all parties. There’s no statutory deadline for filing this form, and with your consent, substitution can happen even on the eve of trial.

Your new attorney handles most of the paperwork. They’ll contact your old lawyer to transfer your file. By law, your previous attorney must cooperate. If they don’t, your new lawyer can obtain a court order to enforce compliance.

The whole process usually takes a few days to a couple of weeks, depending on how cooperative your old attorney is and whether you’re in active litigation.

Other Legal Areas: Timing Considerations

While personal injury cases offer the most flexibility for switching attorneys, other practice areas have their own considerations.

Divorce and Family Law: Changing lawyers during custody battles requires careful timing. Courts notice parents who frequently switch attorneys and might see it as a delay tactic. But if your attorney isn’t fighting for your children’s best interests, switching before major hearings is often worth it.
Criminal Defense: The stakes are highest here. Plea negotiations happen throughout the case, creating multiple windows for change. But judges scrutinize switches more closely, especially if the trial is near. Still, if you’re facing serious charges with an overworked public defender, getting private counsel can transform your defense.
Business and Contract Law: These cases often move more slowly than personal injury, giving you more flexibility. Discovery and mediation phases are ideal switching points. Since business disputes can drag on for years, switching early often saves time in the long run.

Making the Decision: Signs It’s Time to Switch

Studies show 90% of legal malpractice claims stem from poor communication, not legal incompetence. If your lawyer won’t return calls, won’t explain what’s happening, or seems to have forgotten about your case, those are massive red flags.

Other warning signs include missed deadlines, lack of trial experience in your type of case, pressure to accept bad settlements, and that gut feeling that something’s wrong. Trust your instincts. Nearly half of all clients consider switching attorneys mid-case, and many wish they’d done it sooner.

Here’s what switching won’t fix: unrealistic expectations about case value or timeline. If three attorneys have told you the same thing about your case, the problem might not be the lawyer.

Take Action While You Still Can

The worst position is wanting to switch but waiting too long. Every day you stay with an attorney you don’t trust is a day your case might be getting weaker.

Yes, switching attorneys requires effort. Yes, it might cause some delays. But staying with the wrong attorney can cost you far more than time. It can cost you the compensation you need to rebuild your life after a serious injury.

If you’re questioning whether your current attorney is right for your case, that doubt alone deserves attention. California law protects your right to find representation you trust. Don’t let fear of change keep you stuck with an attorney who isn’t fighting for you.

Contact DK Law for a free case evaluation. We’ll review the current status of your case, outline what your attorney should be doing, and determine whether switching attorneys is a good fit for your situation. You deserve an attorney who returns your calls, fights for maximum compensation, and treats your case like it matters. Because it does.

About the Author

Elvis Goren

Elvis Goren is the Organic Growth Manager at DK Law, bringing over a decade of content and SEO expertise from Silicon Valley startups to the legal industry. He champions a human-first approach to legal content, crafting fun and engaging resources that make complex injury law topics resonate with everyday readers while driving meaningful organic growth.