Can I Change Lawyers During an Oregon Car Accident Case?

If you are unhappy with the way your Oregon car accident case is being handled, you may be wondering whether you have to stay with your current attorney. Poor communication, disagreements over case strategy, pressure to accept a settlement, or simply losing confidence in your representation can make that question increasingly important. However, changing attorneys can affect different aspects of an ongoing claim, so it is worth considering your rights, timing, legal fees, and the status of your case before deciding what to do.

Changing attorneys can involve practical and financial considerations, particularly when a lawsuit is already underway. At Johnston Law Firm, we can review your situation, discuss where your case currently stands, and explain what a transition may involve. Call our car accident lawyers at (503) 546-3167 or contact us for a free consultation if you are considering changing lawyers during your Oregon car accident case.

Do You Have the Right to Change Car Accident Lawyers in Oregon?

A lawyer-client relationship depends on trust. If that relationship is no longer working, you generally do not have to continue using the same attorney simply because you signed a representation agreement at the beginning of your claim.

Oregon’s professional conduct rules also contemplate situations in which an attorney-client relationship ends before the underlying legal matter does. Oregon RPC 1.16(d) requires a lawyer, upon termination of representation, to take reasonably practicable steps to protect the client’s interests. Those steps can include allowing time to hire another attorney and surrendering papers and property to which the client is entitled.

Changing counsel does not restart your claim or erase the work already completed. Your new attorney can usually take over the existing matter, review what has happened so far, and determine what needs to happen next.

Why Might You Consider Changing Lawyers During Your Case?

Changing attorneys is a significant decision, and a single delayed phone call does not necessarily mean you need new representation. Car accident claims can also have quiet periods while attorneys wait for medical treatment, records, expert opinions, or responses from insurance companies.

However, persistent problems may cause you to reconsider whether the relationship is working. Concerns may include:

• Poor communication: You repeatedly cannot get meaningful updates about your case or upcoming decisions.
• Unanswered questions: You do not receive clear explanations about settlement negotiations, litigation, or your legal options.
• Loss of confidence: You no longer trust your attorney’s preparation, strategy, or handling of important issues.
• Pressure to settle: You feel pushed toward accepting an offer without a satisfactory explanation of its consequences.
• Different expectations: Your attorney’s approach to settlement or trial no longer aligns with your goals.

Before switching firms, it may be worthwhile to discuss your concerns directly with your current lawyer. Sometimes a candid conversation resolves the problem. If it does not, consulting another attorney can help you evaluate your options.

How Does Changing Lawyers Actually Work?

The process may be simpler than you expect, although the precise steps depend on whether your case is still an insurance claim or has already become a lawsuit.

You can speak with another lawyer before ending your existing representation. This gives the prospective attorney an opportunity to review the situation, identify important deadlines, and decide whether the firm can accept the case. If you decide to make the change, your former attorney should be notified that the representation is ending.

The transfer of your file is particularly important. Oregon RPC 1.16(d) addresses surrendering papers and property to which the client is entitled, and Oregon State Bar guidance discusses transferring client materials when representation terminates.

If litigation has already begun, additional procedural steps may be necessary to substitute counsel. Your new lawyer can coordinate that transition while protecting upcoming deadlines and other case requirements.

Will Changing Attorneys Delay My Oregon Car Accident Case?

It can cause some short-term transition time, but changing attorneys does not necessarily mean starting over. A new lawyer can review the existing file, medical documentation, correspondence, accident evidence, insurance information, pleadings, and settlement negotiations rather than rebuilding everything from scratch.

Timing matters, however. Switching lawyers shortly before a major court deadline, deposition, mediation, or trial can be more complicated than changing counsel earlier.

One deadline deserves particular attention. Under ORS 12.110, an Oregon action for injury to a person generally must be commenced within two years. Changing lawyers does not automatically extend the applicable statute of limitations.

For example, if your filing deadline is approaching, your new attorney may need to act quickly rather than spend weeks reconsidering every earlier strategic decision. This is one reason we encourage injured people who are contemplating a change to seek a second opinion before an important deadline becomes an immediate problem.

What Happens to Attorney Fees if You Switch Lawyers?

Concerns about paying two lawyers sometimes prevent people from even asking whether they can change attorneys. The actual fee situation depends on your representation agreement, how much work your former attorney performed, and other circumstances surrounding the case.

Many personal injury cases are handled on a contingency fee basis, meaning attorney fees are tied to a recovery rather than requiring the client to pay hourly legal fees throughout the case. Changing attorneys does not necessarily mean you will suddenly have to fund your lawsuit out of pocket.

Oregon law does recognize attorney lien rights. Under ORS 87.445, an Oregon lawyer may have a lien upon certain actions, proceedings, judgments, awards, and proceeds for agreed fees or, when there is no agreement, the reasonable value of the attorney’s services.

Before changing firms, we can review the circumstances and explain how potential fee issues may affect your case. Knowing the financial implications beforehand allows you to make an informed decision rather than remaining with representation that no longer meets your needs solely because you fear an unexpected bill.

Will My New Lawyer Have to Rebuild My Case From the Beginning?

Usually, much of the work already performed can remain useful. Your new attorney may receive a file containing accident reports, photographs, medical records, insurance correspondence, witness information, expert materials, pleadings, discovery, and other documents accumulated during the representation.

Oregon State Bar guidance notes that client files may encompass materials such as pleadings, discovery, correspondence, expert opinions, medical records, and witness statements. A new attorney can review those materials and decide what additional investigation or preparation is necessary.

That review can also reveal areas requiring more attention. Perhaps an important witness has not been interviewed, future medical needs have not been documented, or the insurer is attempting to place too much responsibility on you.

That last issue can directly affect compensation. Under ORS 31.600, Oregon uses a modified comparative negligence framework. An injured claimant’s damages are reduced according to their percentage of fault, and recovery is barred when the claimant’s fault is greater than the combined qualifying fault against which it is compared.

What Should You Ask a New Lawyer Before Making the Switch?

Changing attorneys should solve problems rather than create new ones. Before ending your current representation, use your consultation with a prospective lawyer to find out how that attorney would approach the case and whether the relationship feels like a better fit.

Useful questions include:

• Who will handle my case? – Ask whether you will work directly with an attorney and who provides regular updates.
• What concerns do you see? – Find out whether the lawyer identifies problems with evidence, deadlines, liability, or damages.
• How would your strategy differ? – Ask what the new firm might do differently and why.
• What happens to my existing file? – Discuss how records, evidence, pleadings, and correspondence would be transferred.
• Could changing lawyers affect my timeline? – Ask about approaching deadlines, scheduled proceedings, and potential transition delays.
• How are fees handled? – Request a clear explanation of the new contingency agreement and potential issues involving prior counsel.

A second opinion does not obligate you to change attorneys. It can simply give you more information about whether your current representation is serving your needs.

Contact Our Attorneys at Johnston Law Firm if You Need Help Changing Lawyers

If you have lost confidence in the attorney handling your Oregon car accident case, you do not have to make your next decision without guidance. At Johnston Law Firm, we can review where your claim stands, discuss your concerns, and explain what may be involved in changing representation. Led by Marc A. Johnston, our firm represents injured people in Portland and throughout Oregon and brings extensive personal injury and insurance litigation experience to our clients’ cases.

We offer a free consultation, giving you an opportunity to discuss your situation before deciding what to do next. We handle personal injury matters on a contingency fee basis, which means our attorney fee depends on obtaining a recovery for you rather than requiring upfront attorney fees. Call (503) 546-3167 to speak with our team.

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