Choosing the right lawyer is essential, especially if you’ve suffered an injury and need dedicated legal representation. Sometimes, however, clients feel unsatisfied with their lawyer’s performance, responsiveness, or approach to their case. In Ontario, if you’re an accident victim and feel like it’s time for a change, you have the right to switch lawyers at any time. Here, we’ll guide you through the steps involved in changing your lawyer, according to the rules set by the Ontario Law Society, ensuring a smooth transition to new representation.
- Know Your Rights as a Client: In Ontario, clients have the freedom to terminate the services of their lawyer if they feel the representation no longer serves their best interests. Whether due to communication issues, case strategy concerns, or dissatisfaction with progress, it’s within your rights to seek out a lawyer who aligns more closely with your expectations.
- Consider Your Reasons: Before making any final decisions, take a moment to evaluate why you want to change lawyers. Openly discussing your concerns with your current lawyer may resolve issues without needing a switch. However, if you feel that the lawyer’s actions (or inactions) are compromising your case, it’s a valid reason to proceed.
- Consult with a New Lawyer: Finding a new lawyer is a critical step. Look for someone experienced in personal injury law, with a strong track record and a
communication style that meets your needs. At Singh Barristers, we offer a free consultation to help you understand how we can approach your case differently. Once you’ve chosen a new lawyer, they will help guide you through the transition process.
- Terminate the Services of Your Current Lawyer: Once you’ve decided to make the change, you must formally terminate your relationship with your current lawyer. The Ontario Law Society requires that you provide written notice to your current lawyer. This can be done through a letter or email, stating that you no longer require their services. You do not need to provide an in-depth explanation for your decision.
- Understand the Financial Implications: When changing lawyers, you may still be responsible for costs incurred by your previous lawyer up until the termination date. Here are a few key points:
- Fees Owed: You may have to pay your former lawyer for the work they’ve done. The new lawyer can help negotiate these fees to
prevent any financial disputes.
- Contingency Fee Agreements: Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you
win your case. When you change lawyers, this agreement ends, and a new arrangement will be established with your new lawyer.
- Transfer of Case Files and Documents: According to the Ontario Law Society’s Rules of Professional Conduct, lawyers must transfer your file to your new lawyer promptly and without any unnecessary delays. Your new lawyer will request your case files from your previous lawyer, who is obligated to release them
upon request, especially if there are no outstanding payment disputes.
- Your file should contain:
- Medical reports and records
- Correspondence with insurers and the courts
- Expert opinions, if applicable
- All evidence related to your case
- Notify the Court and Other Parties (If Necessary): If your case is already in litigation, it’s essential to inform the court and other parties involved about the change in representation. Your new lawyer can assist with this notification process, ensuring that any legal proceedings continue smoothly without disruption to your case.
- Trust the Process and Move Forward: Changing lawyers can feel overwhelming, but it’s essential to trust that it’s the right decision for the successful resolution of your case. At Singh Barristers, we understand that switching lawyers is often a stressful decision. Our team is here to make the process as smooth as possible, addressing any questions and helping you understand your legal rights and options.
Conclusion
If you’re unhappy with your current lawyer, know that you’re not alone and that you have options. By following these steps and understanding your rights, you can transition to a new lawyer and continue to pursue justice and fair compensation for your injuries. If
you’re considering a change, we invite you to contact Singh Barristers to discuss how we can assist you in your journey to recovery and justice.