Yes, you can change attorneys. Many attorneys take matters on a “no win no fee basis. Advising clients that they will recover their full fees and disbursements, as agreed on a percentage or hourly rate, once the matter is resolved. There is a way to terminate an attorney’s mandate before proceedings are finalized.
One can approach a different attorney with an instruction to take the matter over. The new attorney will provide a letter of undertaking to your old attorney advising them that on finalization of the matter their reasonable fees and disbursements will be paid from the nett proceeds of the claim. Acceptance of this letter of undertaking is at your old attorney’s discretion.
In this way, you, as the client, ensure that any fees which are due and payable to the previous attorney are paid and no debt remains.
Why would you change attorneys before proceedings are finalized?
Clients may question whether the matter has been dealt with properly or promptly particularly in one of the following situations:-
- There is a lengthy delay in getting the matter resolved;
- There is poor communication between the attorney and the client;
- Where the attorneys provide little or no input or updates to the client; and
- There is a breach of trust or a breakdown in communication
Remember, any settlement which is made with the Defendant, be it in a motor vehicle accident claim or against an insurer, is binding and it is extremely difficult to revisit these settlement agreements once concluded.