Change is the only constant in life. From our ever evolving infrastructure to our distinct seasonal weather patterns, nothing remains the same for long in Michigan.

As inevitable as some change is, we often have a hard time accepting it. A change you may have never anticipated making is that of your personal injury attorney.

Once you sign a retainer, you might assume that your representation is set and that you can focus on what really matters: your recovery. In reality, things don’t always go this smooth.

Communication can break down, expectations can shift, and concerns may arise as your case progresses.

In this blog, we’ll discuss the telltale signs that your current attorney may no longer be the right fit, explain the benefits of changing your representation, and walk you through what the transition process typically involves.

Signs to Switch

The attorney-client relationship is sacred. Attorneys are sworn to keep their clients’ best interests in mind and to provide a voice for those who lack the specified knowledge to advocate for themselves.

Unfortunately, the high standard of care expected from attorneys is not always met. Clients are often misguided, taken advantage of, and ultimately let down.

Sometimes, the writing is on the wall. Other times, the disconnect isn’t so obvious. No matter where you’re at with your current attorney, we’re going to cover some general guidelines to assess their performance and determine whether or not they could be doing better.

Communication

As with any relationship, communication is key for success. Without clear and effective communication between an attorney and their client, assumptions run rampant, lines get crossed, and trouble typically ensues.

But what does effective attorney-client communication look like?

For starters, you should get a call back when you can’t speak with your attorney right away. Attorneys are busy people and often have a plethora of different cases. Consequently, immediate, on-demand communication is rarely possible.

This doesn’t mean, however, it should be a battle to simply discuss your case with someone.

If you call your attorney’s office repeatedly and can’t seem to speak with anybody about your case, this may be cause for concern. Attorneys should have a system in place to track calls and return the ones they’re not able to get to right away. Not returning calls is a sign of disorganization and can leave clients feeling uncertain or overlooked.

Beyond returning calls, attorneys should take time and introduce you to the team that will be handling your case. It’s very common for associate attorneys and legal assistants to work in conjunction with the senior attorneys at a firm.

It’s your attorney’s responsibility to introduce you to their team and provide you with points of contact for them. This doesn’t always happen immediately when you sign a retainer, but it should occur towards the beginning of the compensation process. If your attorney fails to do so, this is yet another communication breakdown that’s worth taking seriously.

Strategy Transparency

Part of what makes an attorney good is the strategy they approach your case with.

While strategy might vary from attorney to attorney, transparency with regard to their strategy should be a given.

Transparency is important because it keeps you in the driver’s seat. Without understanding your attorney’s legal strategy, there’s a possibility your case is headed in a direction you won’t be happy with.

The good thing: assessing your attorney’s strategic direction isn’t rocket science. They should be able to answer your questions clearly, even if the answer is complex or unsatisfying. Failing to give you clear answers or provide a discernible direction for your case is potentially a cause for concern.

And although transparency is important, there’s a fine line between withholding information and letting a plan unfold. It’s vital to understand that silence is not necessarily an indicator of misdirection. As your case progresses, your attorney’s legal strategy will develop accordingly. Expecting constant updates and razor-sharp direction is an unrealistic expectation that’s sure to set you up for disappointment.

Realistically, periods of silence and uncertainty are to be expected as evidence is being gathered and your case is being built.

Managing Expectations

The final criterion to assess your attorney is exactly what we’ve already begun doing here: managing expectations.

This is more so a byproduct of effective communication and strategy transparency (as opposed to a standalone criterion), but deserves some specific attention nonetheless.

In practice, your attorney doesn’t just need to be a clear communicator and strategist, they need to know how to set and manage your expectations. This means sharing the right information at the right time.

Early on in your case, you should be skeptical of grandiose promises and definitive claims. Most attorneys know that in the early stages of a case, very little can (or should) be promised to clients. Evidence is still being gathered, recoveries are still progressing, and bills are still being posted. Guaranteeing certain outcomes is generally not possible this soon into a case. Any promises to do so are likely not grounded in reality.

Conversely, communication should increase as your case nears completion. If you’re not in the loop as your case progresses toward a settlement, concern may be warranted. Now more than ever, communication and transparency are vitally important. You need to know what’s being offered by your insurer or opposing counsel and how your attorney plans to respond. Not relaying this information can seriously undermine a client’s ability to make informed decisions about their case.

The Transition Process

Attorneys need to be organized, strategic, and above all excellent communicators. When they fall short in one of these aspects, the attorney-client relationship can be in serious jeopardy.

If your attorney has missed the mark with regard to one of the criteria above, don’t stress. There are options to improve your situation!

Changing injury attorneys is more common than you’d think. It actually happens all the time when clients are dissatisfied with the way their case is being handled.

When you seek the services of a new attorney, most of the coordination happens between the attorneys themselves. Typically, the new attorney will notify the old attorney of the change in representation and request your file directly from their office. This includes medical records, correspondence, pleadings, and other relevant information to keep your case running smoothly.

With regard to payment: don’t worry! You won’t need to pay twice.

Your old attorney will usually assert a lien for the time they spent working on your case. This lien doesn’t cut into your settlement funds and gets taken out of your new attorney’s fee. You still receive full compensation once your case is complete and your old attorney gets paid for their time – it’s that simple. No strings attached. No hoops to jump through. Just a clean and professional transaction.

Get David. Get Paid.

If you or someone you love is struggling with their current injury attorney, consider enlisting the services of Femminineo Law.

We’ve handled countless cases where our client’s old attorney just wasn’t cutting it. We’ll take care of the transition logistics so you can worry about what really matters: your recovery.

Give us a call at 855-65-CRASH today to experience the care and respect we treat every case with.

Get David. Get Paid.