Written by If you are unhappy with your current attorney, you may be wondering: can I switch personal injury lawyers after my case has already started? The answer is yes. Under Illinois law, you have the right to change attorneys at any time, for any reason. But switching mid-case comes with financial and procedural consequences you need to understand before making the move.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
Your Right to Discharge an Attorney
Illinois Rules of Professional Conduct Rule 1.16 governs when an attorney must or may withdraw from representation. Importantly, the rules recognize that a client always retains the right to discharge their attorney at will. You do not need to show that your attorney did anything wrong. A breakdown in communication, a difference in strategy, or simply a loss of confidence in your lawyer is enough. Once you notify your attorney in writing that you are terminating the relationship, the representation ends.
That said, discharging your attorney does not wipe out their financial interest in your case. Illinois law protects former attorneys who performed work on your behalf.
The Attorney’s Lien: What Your Former Lawyer Can Keep
Under the Attorneys Lien Act, 770 ILCS 5, an attorney who is discharged before a case concludes retains a lien on the client’s claim for the reasonable value of services already rendered. This lien attaches to any settlement or judgment your case produces, even after a new attorney takes over.
This is important: your former attorney does not simply lose everything because you fired them. They have a legal claim to compensation. How much they receive depends on the circumstances. If the contingency fee contract is still in place and the discharge is without cause, the former attorney may be entitled to the full contracted percentage from their share of the final recovery. If the discharge is for cause — meaning the attorney committed misconduct or breached the contract — their recovery may be reduced or eliminated.
How Fees Are Divided Between Old and New Lawyers
In most cases, the former attorney and the new attorney negotiate a division of the contingency fee. Illinois courts follow the quantum meruit doctrine, which means a discharged attorney is entitled to the reasonable value of their services — not automatically the full percentage they would have earned had they stayed on the case. The split reflects how much work each attorney actually did.
If the attorneys cannot agree, the dispute is resolved by the court. The key point for you as the client is that both attorneys’ fees typically come out of the same contingency percentage — you do not pay two full fees on top of each other. Your net recovery should remain what it would have been under one attorney’s contingency agreement, though the attorneys may argue over how to divide their share.
Timing Matters: When Is Switching More Complicated?
Switching lawyers early in a case — before significant work has been done — is relatively straightforward. The former attorney’s lien will be smaller because less work was performed. Switching after discovery is complete, after a case has been set for trial, or during active settlement negotiations is more complicated for several reasons.
A new attorney needs time to review the entire file, understand the evidence, and get up to speed. Courts may be unwilling to grant continuances if trial is imminent. Deadlines such as the Illinois statute of limitations (generally two years from the date of injury under 735 ILCS 5/13-202) must still be met regardless of any change in counsel. If you are considering switching lawyers, do it as early as possible so the transition does not disrupt your case timeline.
Steps to Make the Switch
If you decide to change attorneys, here is the practical process. First, consult with a new attorney before officially discharging your current one — most personal injury lawyers offer free consultations. Once you decide to proceed, send a written discharge notice to your current attorney and request a copy of your complete file. Your attorney is required to promptly return your file, including all documents, evidence, and correspondence. You own that file.
Next, your new attorney will typically send a letter of representation to the opposing party and handle any notification to the court. Your new attorney should also address the former attorney’s lien early in the process so there are no surprises at settlement. For guidance on choosing the right representation from the start, review the information on hiring a personal injury lawyer in Illinois.
Will Switching Hurt Your Case?
Not necessarily, but it depends on when and why you switch. If your current attorney is missing deadlines, failing to communicate, or pursuing a strategy you fundamentally disagree with, switching may improve your outcome. A new attorney bringing fresh perspective and better resources can make a real difference.
On the other hand, switching purely out of impatience — personal injury cases often take one to three years — or switching very late in the process can introduce delays and friction. Evaluate your specific reasons honestly. Talk to a new attorney confidentially before making any decisions.
Talk to a Chicago Attorney — Free Consultation
If you are considering switching personal injury lawyers or want a second opinion on how your case is being handled, Phillips Law Offices offers a free, confidential consultation. Call (312) 346-4262 or visit our contact page to get started. There is no obligation, and speaking with a new attorney does not commit you to anything.