Contingency Fee When Switching Lawyers in an Injury Case
Most California personal injury cases are handled on contingency—you pay no attorney fee unless money is recovered, per your written agreement. Switching lawyers raises questions about how the fee is shared between prior and new counsel. This page explains the concepts clients ask about most.
One contingent fee, not necessarily double
Clients often worry they will pay 33% to the old lawyer and 33% to the new one. California’s Rules of Professional Conduct govern fee divisions between lawyers. Commonly, the total contingent percentage in your new agreement stays within what is typical for one case, and prior counsel participates in a division based on work performed and agreement—subject to required client disclosures when applicable. Your specific paperwork controls; this is not tax or legal advice for your file.
Our Los Angeles car accident lawyer team handles serious motor vehicle injury matters. For broader injury topics, see personal injury. Referring counsel can review attorney referrals and the litigation referral core overview for co-counsel and file-transfer questions.
Costs vs. fees
Case costs (filing fees, records, experts) may be advanced by counsel and reimbursed from recovery per your contract. Changing lawyers may involve accounting for costs the first firm advanced. Ask any new lawyer to explain how costs are handled going forward.
Free confidential consultation
Share where your case stands in confidence. We can discuss a second opinion, switching counsel, or simply what realistic next steps look like in California.
Why clarity matters
Before you switch, you should understand in writing how fee division and costs will work at settlement or verdict. If you have a Los Angeles car accident matter, the same principles usually apply as in other PI cases.
More context: changing your personal injury lawyer in California.
FAQs
Can I negotiate a lower fee with a new lawyer?
Fees are negotiable within ethical limits and market practice. Any new agreement should be in writing and should address relationship to the prior firm’s lien or division.
Who pays if I lose the case?
On a typical contingency agreement, you do not owe attorney fees if there is no recovery—again, subject to your contract and how costs are treated.
What is a lien from my old lawyer?
It can assert the prior firm’s interest in fees (and sometimes costs) earned or advanced. New counsel explains how that is resolved at the end of the case.
Related resources
- Changing a personal injury lawyer in California (overview)
- Can I change my personal injury lawyer?
- What happens if I fire my accident attorney?
- Second opinion on a personal injury claim
- Signs your case may need a closer look
- When your injury case feels stalled
- Los Angeles car accident lawyer
- Personal injury overview
- Attorney referrals
- Litigation referral core