Finding out that your attorney is retiring while your case is still open can leave you unsure who will handle it next. Your case generally does not end because your legal counsel retires. Instead, another attorney at the firm may take over, or you can decide to make a change to a new law firm.
When you learn this, ask for a clear plan on who will handle the case, how your file will be transferred, and whether any deadlines or court dates are coming up. An attorney ending representation should take reasonable steps to protect their client’s interests during that transition.
What Should You Do if Your Attorney Is Retiring?
Once your attorney informs you of their departure, you should ask where your case stands, clarify who will handle it going forward, and find out whether there are any upcoming deadlines or court dates. You should also ask how your case file will be transferred to help you understand the process.
It is better to request clear information about the transition rather than assuming another attorney will automatically take over. While lawyers are expected to provide accurate information, advocating for yourself helps protect your claim and keep it moving forward.
Can You Choose a New Personal Injury Lawyer?
If your personal injury lawyer retires, sometimes you can continue with another attorney at the same firm. You could also hire a lawyer at a different firm. You have the right to ask about each option before deciding who will handle your case. Ultimately, you should be the one who gets to choose. However, keep in mind that changing your lawyer and transferring your case may require paperwork or court approval, depending on the circumstances and the terms of your original contract.
What Happens to Your Deadlines?
When your attorney retires or departs from your case, this does not automatically stop legal deadlines. Statutes of limitations, court and discovery deadlines, hearings, and depositions still apply, and missing any of these can harm your case. This makes it essential to ask your attorney clearly which deadlines will affect your case and how this information will be transferred to your new representative.
What Happens to Your Case File?
Important records and information related to your case need to remain accessible during an attorney transition. You and your new legal advocate should have access to any and all documentation and information collected thus far, including the following:
- Medical records
- Accident reports
- Correspondence
- Photographs and videos
- Insurance information
- Pleadings
- Discovery materials
- Settlement communications
- Other relevant documents
Will Changing Attorneys Delay My Personal Injury Case?
Switching from one lawyer to another can require an administrative transition, but it does not mean your case will be significantly delayed. The extent of impact will depend on how far the case has progressed, whether litigation has begun, the complexity of the matter, and how quickly your new attorney receives the case file.
At Lawrence & Associates, our team, led by founding attorney Justin Lawrence, stays on top of clients’ cases through multiple communication channels. We have a Client Bill of Rights to protect you, and we prioritize communicating with our clients.
“At our firm, we have software that helps us communicate with clients basically any way they want us to communicate. So, first of all, your responsible team member on your case should be reaching out at least every 30 days, if for nothing else, to get an update from you on how you’re doing. On top of that, the attorney that’s assigned to your case should be reaching out to you about every 6 weeks. Again, even if there’s not much to report, it’s still useful for them to reach out and let you know that everything’s going the way it should. At Lawrence Associates, we pride ourselves on communication, and we will communicate by phone, email, text, or through an app, whatever makes you feel comfortable. If you’re not happy with the communication from the law firm you’re using now, call Lawrence & Associates.”
What Happens to Attorney Fees if I Change Lawyers?
Changing lawyers can complicate the fee arrangement, especially if your personal injury case is handled on a contingency fee basis. Your former attorney may have a claim for work already performed or expenses paid, while your new attorney will need to explain their own fees and how case expenses will be handled.
Before you switch, ask both attorneys for a clear explanation of what you may owe and whether any fees would come out of a future settlement or award. The answer depends on your fee agreement and the rules that apply to your case.
Talk to a Personal Injury Lawyer About Your Case For Free
If your attorney is retiring while your personal injury case is still open, you can speak with another lawyer to ask questions about what happens next.
At Lawrence & Associates, we offer free consultations. During this appointment, we can review the status of your case, explain your options, and determine whether our firm can take over your representation.
To schedule your free consultation, contact us using our online form. In Ohio, you can also reach us by calling (513) 951-6723. In Kentucky, you can call us at (859) 251-3045.
Frequently Asked Questions
Can My Lawyer Drop My Personal Injury Case?
A lawyer can withdraw from a case in certain circumstances, but if they do, they must take reasonable steps to protect your interests. If a lawsuit is pending, withdrawal may also require court approval.
What Happens if My Attorney Retires Before My Settlement?
Your case generally continues if your attorney retires. Another lawyer at the firm might take over, or you can choose a new firm to handle the claim.
Do I Have To Stay With the Same Law Firm if My Attorney Leaves?
No, you do not have to stay with the same firm if your attorney leaves. You can discuss continuing with another lawyer at the firm or hiring representation elsewhere.
Can I Change Personal Injury Lawyers After a Lawsuit Has Been Filed?
Yes, you can usually change lawyers after filing a lawsuit. The attorneys may need to complete court paperwork, so ask about upcoming deadlines before making the switch.
