Updated
Yes. In Indiana, you can fire your personal injury lawyer at any time, and the lawyer must return the papers and property you're entitled to (Indiana Rule of Professional Conduct 1.16). It's your case.
What are common reasons people switch lawyers?
- Calls and emails go unanswered for weeks.
- You don't know what's happening with your case.
- You feel pressured to settle.
- You never talk to an actual lawyer.
What should I ask myself before switching?
- Have I told my lawyer what's bothering me? Sometimes one honest talk fixes it.
- Is the case slow because of my medical care or the insurer, not my lawyer?
- How close is the case to the end?
Will I pay two fees?
Usually you don't pay a whole new fee on top of the old one. A lawyer you discharge is typically limited to the reasonable value of work already done. Indiana's Supreme Court has said that, unless the fee contracts say otherwise, a new lawyer who knew you had prior counsel ordinarily pays that amount out of the new lawyer's fee (Galanis v. Lyons & Truitt, 715 N.E.2d 858 (Ind. 1999)). Ask any new lawyer to explain this in writing before you sign.
How does switching lawyers work?
- Talk to a new lawyer first.
- Sign with the new lawyer.
- You let the old lawyer know you're ending the relationship. A short letter or email is a simple way to do it, and your new lawyer can help.
- The new lawyer usually asks the old one for your file. The old lawyer may claim a fee for work already done and repayment of costs it advanced, usually paid out of any recovery.
Does switching pause the deadline?
No. Indiana rule: most injury lawsuits must be filed within two years after the claim accrues (Ind. Code § 34-11-2-4). For most car crashes, that's two years from the wreck. Check yours with our deadline calculator.
Related: What can go wrong in an Indiana injury claim? · More honest answers
Frequently asked questions
Can I switch personal injury lawyers in Indiana?
Yes. In Indiana, you can fire your personal injury lawyer at any time, and the lawyer must return the papers and property you're entitled to (Indiana Rule of Professional Conduct 1.16).
Will I pay two fees if I switch lawyers?
Usually you do not pay a whole new fee on top of the old one. A lawyer you discharge is typically limited to the reasonable value of work already done.
Does switching lawyers pause the deadline?
No. Most injury lawsuits must be filed within two years after the claim accrues (Ind. Code § 34-11-2-4).
Talk it over for free
You don't have to come to an office. We can do your consultation by phone or video, and you can sign up by e-signature.
You can hire Poynter & Bucheri without visiting an office. We can talk through what happened in a free phone or video consultation. When you're ready, we'll email you the sign-up papers, and you can sign them electronically from your phone or computer. There's no appointment to drive to. Some later steps in a case, like a deposition, a medical exam or a court date, may need you in person, and we'll tell you ahead of time if one comes up. If English isn't your first language, we have access to professional interpretation. Call (317) 780-8000 or fill out our short form to get started. The consultation is always free, and we'll tell you honestly if you don't need us.
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.