What Happens if You Fire Your Injury Lawyer Mid-Case?

When the Relationship Isn’t Working

You hired a lawyer to help you through one of the hardest moments in your life. But now, things feel off. They stopped returning your calls. You feel rushed, in the dark, or just plain ignored. Maybe they missed a deadline, or maybe you simply don’t trust how they’re handling your case anymore.

This happens more often than people think. Across Rochester and Monroe County, injured clients sometimes find themselves stuck with an attorney who no longer feels like an advocate. And when that happens, you may wonder if you can switch. The answer is yes—you can. 

In fact, changing lawyers mid-case is your legal right in New York. At Horn Wright, LLP, our personal injury attorneys help clients make that transition when their current representation is doing more harm than good.

Your Right to Change Lawyers in New York

If you're in the middle of a personal injury case and unhappy with your lawyer, you don’t need permission from a judge or anyone else to make a change, at least not in most situations. Under New York law, clients have the right to terminate their attorney at any point during the legal process. Whether your case is in pre-litigation negotiations or already filed with Monroe County Supreme Court, the choice is yours.

This rule applies to any type of injury case: car accidents on I-490, slip-and-falls in Brighton, workplace injuries in Gates, or serious medical claims involving Strong Memorial Hospital. You don’t have to prove misconduct or have a dramatic reason. It’s enough to feel that the relationship is no longer serving your best interests.

It’s a big step, and the law recognizes that. But if you’re not confident in your current attorney, switching may be the smartest thing you do for your case. Learn more from the New York State Bar Association.

Common Reasons People Switch Injury Lawyers

People usually don’t make this decision lightly. They give their attorney the benefit of the doubt. They wait, hope things improve, and try to be patient. But when real issues continue, clients start looking for better representation.

In our experience handling personal injury cases across Rochester, here are some of the most common reasons clients decide to switch:

• Long periods without updates or returned calls
• Missed filing deadlines or scheduled court appearances
• Lack of preparation or urgency during negotiations
• Unclear communication about case value or strategy
• A gut feeling that the attorney isn't putting your best interest first

It’s frustrating to feel like your case isn’t being taken seriously. Some clients come to us after months of silence or confusing updates. If you’re in Brighton, Henrietta, or downtown Rochester and starting to feel this way, you’re not alone. You deserve clarity, commitment, and follow-through.

What Happens After You Fire Your Lawyer

The idea of cutting ties mid-case can feel overwhelming. But the actual process is pretty straightforward. If you’ve already chosen a new lawyer, they’ll typically take care of the paperwork.

Here’s what usually happens:

• You sign a “Consent to Change Attorney” form, prepared by your new lawyer
• The form is filed with the court if litigation is underway
• Your new attorney contacts your previous lawyer to request your full case file
• Communication with the old firm goes through your new attorney, so you don’t have to

Most personal injury lawyers in Rochester are familiar with these transitions. Even if your case was already filed in Monroe County Supreme Court, the court will process the change routinely. You don’t have to explain or defend your decision.

In most cases, the hand-off is smooth. Your new attorney picks up where the last one left off, reviews the file, and maps out next steps. Visit the New York State Unified Court System to better understand how court transitions are handled.

Will You Owe Your First Lawyer Money?

This is one of the biggest concerns people have, and for good reason. But the good news is that switching lawyers typically doesn’t increase your total fee.

In New York, personal injury lawyers work on contingency. That means you don’t pay out of pocket. Instead, the lawyer receives a percentage of your settlement or verdict. If you switch attorneys mid-case, the total percentage stays the same. It just gets divided between the two firms.

The original lawyer may file an attorney’s lien for the time they already spent on your case. However, that amount comes from the total fee. Not from your share. The firms usually work out the split themselves, based on hours worked or contributions made.

Here’s what matters:

• You won’t be billed twice
• The total fee percentage doesn’t increase
• You don’t have to negotiate with the former lawyer yourself

If your case doesn’t result in a recovery, neither lawyer gets paid. That risk stays with them, not with you.

When Firing a Lawyer Could Hurt Your Case

Switching lawyers is your right. But timing and strategy matter. In some cases, the change can create delays or confusion, especially if the case is already close to trial or a final hearing.

Some things to think through before taking action:

• If your court date is just weeks away, new counsel may need time to get up to speed
• Changing lawyers more than once may raise concerns with the judge or opposing counsel
• If your new lawyer doesn’t have a clear plan to improve the case, the switch may not help

That’s why it’s smart to meet with a new attorney first, before officially ending the old relationship. A second opinion can clarify whether it’s worth the change. At Horn Wright, LLP, we often review pending cases and give honest advice—even if we don’t end up taking over.

Sometimes, clients just need answers. Other times, they need a whole new approach. For more guidance, explore our blog on signs it’s time to change your injury lawyer.

How to Find the Right Fit Moving Forward

If you’ve decided to change lawyers, the next step is making sure your new attorney is a better match. You want someone who knows Monroe County courts, communicates clearly, and can give your case the attention it needs.

Here are a few tips for choosing wisely:

• Ask how the attorney will take over and review your existing file
• Choose a local lawyer who knows the Monroe County Supreme Court system
• Read reviews that mention specific results or client experiences in Rochester
• Set expectations about updates—how often, and by what method
• Request a specific game plan for next steps, not just general promises

You should feel relief after that first meeting, not more uncertainty. The right lawyer will ask the right questions, point out case strengths or gaps, and take control quickly. If your case involves local treatment providers, police reports, or crash scenes in the Rochester area, familiarity with the region helps a lot.

A new lawyer should make your case easier, not harder.

Final Takeaway

Firing your lawyer mid-case may feel like a hassle, but staying with someone who isn’t doing their job is worse. If you’re not getting the attention, clarity, or support you need, you have every right to make a change. 

Injury cases are too important to leave in the wrong hands. Whether you’re dealing with a stalled claim or an attorney who won’t listen, switching can put your case back on track.

You’re not stuck. You’re in charge. And with the right team, you can move forward. 

Call Horn Wright, LLP for Help

At Horn Wright, LLP, we help injury victims across Rochester and Monroe County take control of their cases. If your current lawyer isn’t helping and you need someone who will, contact our team today for a free consultation. We’ll review your file, answer your questions, and help you move forward with confidence.