If you have found yourself asking “can I fire my personal injury lawyer?” you are not alone. Many individuals in the middle of an active claim or litigation begin to question their representation when communication breaks down or the case does not appear to be progressing.
The answer under Massachusetts law is clear: yes, you have the right to change your personal injury lawyer at any time. You are not obligated to remain in a professional relationship that no longer serves your interests.
At Dolan Connly, P.C. we have undertaken the representation of numerous clients over the years who have come to us because they are unhappy with their prior counsel.
Can I Fire My Personal Injury Lawyer During an Active Case?
Choosing the right personal injury lawyer from the outset is not always easy, and sometimes the true measure of a good attorney-client fit becomes clear only as the case unfolds.
Under Massachusetts law, a client may terminate their attorney at any time, for any reason. This principle applies to personal injury cases in Boston and throughout the Commonwealth.
Your case belongs to you. Legal representation is built on trust, communication, and alignment of goals. When those elements are no longer present, the law allows you to make a change without penalty.
When It May Be Appropriate to Consider a Change
Not every concern warrants a transition to new counsel. However, there are circumstances where it is reasonable to reevaluate your representation.
You may wish to consider switching attorneys if your current lawyer:
- Does not return calls or emails in a timely manner
- Fails to provide meaningful updates on the status of your case
- Does not make time to meet with you or explain important decisions
- Encourages a quick settlement that does not reflect the full value of your claim
- Appears to prioritize efficiency over your long-term recovery
Many individuals reach this point after feeling overlooked or insufficiently informed during an extended period.
How Legal Fees Work When You Switch Attorneys
A common concern is whether changing lawyers will result in additional legal fees. Fortunately, that is not the case.
Personal injury matters in Massachusetts are typically handled on a contingency fee basis, most often one-third of the total recovery. When a client changes attorneys, that one-third fee is divided between all the attorneys based on the work each performed.
This means:
- The one-third legal fee owed does not increase if you switch attorneys.
- You are not required to pay out of pocket to make a change of attorneys.
- The allocation of fees is resolved between the attorneys and not by you.
From your perspective, the overall financial structure of your case remains the same.
Understanding Differences in Fee Structures
While many firms advertise a standard contingency fee, the details can vary in meaningful ways.
Some larger firms increase their percentage of recovery as a case progresses, for example:
- 33% if resolved early
- 37% after litigation begins
- 40% if the matter proceeds to trial
In addition, certain firms charge interest on expenses they advance, such as for obtaining medical records or expert reports.
At Dolan Connly, P.C., we follow a different approach. The contingency fee remains a flat one-third, regardless of how long the case takes or the stage at which it resolves. There is no increase in our contingency fee agreement if a lawsuit is filed, if the matter proceeds to trial, or if an appeal becomes necessary, even if this happens several years later.
Our law firm also advances all case-related expenses and does not charge interest on those costs. Clients are never asked to obtain their own medical records or manage administrative aspects of the case. We are always surprised when a client comes to us who has had to do such tasks for a prior attorney.
What to Expect When You Transition to a New Attorney
The process of changing lawyers is generally straightforward and handled with minimal burden on the client.
In most cases:
- You provide written notice to your current attorney that you wish to terminate the representation.
- Your new attorney coordinates the transition and communicates with prior counsel.
- Your case file, including records and correspondence, is transferred.
- Your new attorney assumes responsibility for advancing your case.
Once new counsel is retained, they manage the logistics on your behalf.
Will Changing Lawyers Delay My Case?
In many situations, the transition does not result in a significant delay. There may be a brief period during which your new attorney reviews the file and becomes fully familiar with the matter and conducts their own investigation and research.
However, if your case has not been progressing, a change in representation can often lead to more consistent forward movement and clearer communication.
Is It Too Late to Switch Lawyers?
You may change attorneys at nearly any stage of a personal injury case, including during pre-suit negotiations, after litigation has been filed, or in some instances, closer to trial.
That said, addressing concerns early in the process is often beneficial. If communication has broken down or confidence in your representation by your attorney has diminished, it is reasonable to consider your options without delay.
Choose Dolan Connly, P.C. for Your Personal Injury Case
If you are considering your options, Dolan Connly, P.C. is a law firm built around people, not case numbers. Whether you need a personal injury lawyer in Boston or anywhere else in Massachusetts, our team is ready to guide you through every step of your case with clarity, attention, and care.
What makes our approach different:
- Flat, predictable fees: We charge a one-third contingency, with no increase if your case goes to trial, and no interest on expenses we advance.
- We handle the details: From medical records to expert reports, we take care of all case-related costs and paperwork so you can focus on your recovery.
- Direct access to your attorney: You will call and speak directly with the attorney handling your case, not paralegals or case managers. We also promptly respond to emails.
- Serving all of Massachusetts: While we are proud to help clients in Boston, we provide full representation across the state, ensuring your case is handled with the attention it deserves.
At Dolan Connly, P.C., we make it our mission to provide guidance, support, and clear communication so you feel informed every step of the way.
Final Thought
It is not uncommon to hesitate before making a change, particularly after placing trust in an attorney. However, if you are seriously asking yourself “can I fire my personal injury lawyer?” it is often a sign of lack of confidence in the attorney handling your case. We don’t think twice about getting a second opinion when it comes to medical issues, and the same should be true when it comes to legal issues. You have a right to feel confident in the manner and approach that your attorney takes in handling your case.
Call us at Dolan Connly, P.C., we are happy to discuss your pending legal matter. Making our clients feel confident in us to handle their legal matters is our primary goal.