Can You Change Your Attorney during a Medical Malpractice Case

If you have hired an attorney to handle your medical malpractice case in New York, and you are not happy with his performance, then can you switch attorneys? The answer is yes, as you have the legal right to go to any attorney you wish, and at any time that you wish. You may have started your medical malpractice case with one lawyer and by the time the case has progressed halfway, you may not be satisfied with his performance for whatever reason, you have every right to hire another attorney, and even another attorney after that, and so on.

The Problem with Switching Attorneys

Even though, you have every right to switch attorneys in a medical malpractice case, there can be problems regarding their fees. For instance, you have chosen to hire one attorney at the start of the case, he has done some type of legal work for you, and then during the course of the case, you change to another attorney. Now, if your case has been successful, both lawyers will have to fight it out, what percentage of the compensation, each attorney will receive.

You could have switched multiple attorneys during your case, but there is only one legal fee in medical malpractice or accident case. When you have switched attorneys, each of the attorneys will have a lien towards the proceeds of your case.

How the Legal Fees should be Divided

Usually in almost all medical malpractice, wrongful death, or personal injury cases, the lawyer fees will be a percentage of the compensation amount that the plaintiff receives. The lawyers will say that since they work on contingency, they will not receive any money until the case succeeds. So, when the case is won, all the attorneys who have participated in the case at some time or the other will have to come together, and discuss the amount of legal work they had done, and the fees they are entitle to.

However, there are bound to be arguments regarding the amount of work done and the value of that work. The attorney who attended the case during the ending of the trial might feel his closing argument was the one important factor that enabled the victory, and therefore he was entitled to more percentage. The other attorney who was with the case from the start will feel that he has invested more in the lawsuit and therefore he should get more.

Secondly, there is also the issue of case related expenses that the lawyer might have spent from his own pocket. Each lawyer will have to keep a record of the expenses he has incurred, which is quite different from the fees he is legally entitled to receive. Each lawyer will also have to be reimbursed such expenses.

Ultimately, the attorneys will have to agree about who is entitled to what. If the attorneys are unable to agree, then they will have to bring the case into court, and have a judge decide how much each attorney is rightfully entitled to receive.