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You're unhappy with your lawyer. You want to switch attorneys. You can do that anytime. But I won't likely be the one to take over your case. Learn why.

There have been many times in my career where I received calls from people who are unhappy with their lawyer.

They wanted to switch.

They wanted a new attorney.

They want a new attorney to help them solve their legal problem.

Whenever I asked what the problem was or what they did not like, the answers were eye-opening.

“He doesn't return my calls.”

“He doesn't update me I'm what's going on.”

“I haven't heard from him in months.”

“He doesn't think my case is worth more money.”

“He doesn't have an expert.”

“He wants me to pay for all the records and for our medical experts.”

There are many more reasons and excuses why someone would want to switch attorneys.

I understand it.

Not every lawyer is right for every client.

Likewise, not every client is right for every lawyer.

Yes, some clients can be difficult.

Then again, some attorneys can be difficult.

When you go into an attorne's office for a consultation, it's almost like a honeymoon phase where each side is on their best behavior.

The injured victim desperately want someone to understand them.

The injured victim wants someone who can relate to them and is pleasant to talk to yet aggressive with their opponent.

The attorney who is evaluating a possible case wants a client who's honest.

He wants a client who is truthful.

He wants a client who has good liability.

He wants a client who has good damages.

He wants a client who recognizes that he has years of experience.

He wants a client who is willing to listen to and take his advice.

Sometimes, an attorney will withdraw from a case.

The injured victim must then try to find a new attorney to take over his case.

There are many hidden dangers and pitfalls associated with that scenario.

In medical malpractice cases here in New York, I see this happen often.

In that scenario, the attorney was initially very excited about your case.

He made you all sorts of promises.

He told you he had a great expert to review your case.

He told you that his expert confirmed you have a valid case.

However, after your lawsuit was started, he tells you that his expert no longer believes you have a good case.

In that instance, he must find another expert or he must ask the judge to withdraw as your attorney.

Some attorneys tell the client to go find another expert.

Some attorneys tell the client to pay for additional experts since the attorney no longer wants to continue investing in them and their case.

When I get a call asking to take over such a case, it means that it's going to be very difficult to find a medical expert support your case.

Where an attorney has withdrawn from your case, I will often decline to take over your case because there is a tremendous amount of baggage that accompanies the case.

These cases are often filled with drama.

These cases have many legal issues and procedural complications that that must be unraveled.

You should know that if I take over your case, I must share the attorney's fee with your first attorney. 

If we cannot agree on the percentage that each lawyer will receive if we are successful on your case, then we must litigate the fee with the judge assigned to your case.

In either event, it is highly unlikely that I will take over your case when you have started your lawsuit with another attorney.

To learn even more about this topic, I invite you to watch the quick video below...


Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer