Can I Switch My Lawyer after a Mediation?

For the most part, mediation is an attempt to try and settle a case once and for all before it goes to trial. Typically, mediation is ordered by the court, as they are aware that reaching a settlement is the cheapest and most efficient way to resolve a personal injury case. Most claimants are looking to save money and time, and achieving that goal may require help from a certified mediator.

Mediation is very common among those who are involved in a truck accident, motorcycle accident, or any other incident involving a motor vehicle. Others seeking mediation may have been injured in a slip and fall or trip and fall on someone else’s property. Some of these claimants are dealing with a spine injury, loss of function, amputation, brain damage, or another serious, debilitating condition. By the time they get to mediation they are probably 1 or more years into the claims process, and understandably, they are more than eager to settle on a compensation amount with the other side.

When you set out to attend the meeting, either remotely on in person, you were likely told that the chances of settling your case are very high, as mediations have a success rate of 95%. However, things clearly do not go as planned during the meeting. You are worried, but you trust your lawyer to work through these issues and get you the amount you are entitled to. Sadly, that’s not how things turned out, and now you are back to square one, which is frustrating, to say the least.

A lot of thoughts are going through your mind: will my case go trial? Should I try mediation again? But what if I think it’s my lawyer’s fault that mediation didn’t work out?

Blaming your lawyer for their failure to settle your lawsuit is a natural reaction, especially if you have had problems with them all along, but finding a new lawyer seemed like too much of a hassle. Now, you are considering that very option, as it may be the only way to save your case.

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If My Case Went to Mediation, can I Still Fire my Lawyer?

Yes, you are allowed to fire your attorney after a demand has been sent out, after a lawsuit if filed, or even if your case is headed to trial. Even if your lawyer agreed to work on contingency (which is typical for personal injury cases), you are never tied down to a legal representative that you are not satisfied with.

However, we encourage you to think things through and be honest about why you want to start things over with a new law firm. As many of us were taught to do since we were young, it’s a matter of looking at the whole picture and seeing the pros and cons of any situation. Was the mediation their first notable failure, but they have been competent in the handling of your case so far? If so, you may want to keep your lawyer and try for mediation again or look into other options on how to settle your accident case.

Is My Lawyer at Fault for Why the Mediation Failed?

Looking for the source of why things didn’t work out is a good step towards not making the same mistake twice. The key is to be honest about the reason and not just look for someone to blame, which we have all done at some point in our lives. In all fairness, it’s possible that your attorney respected your wishes and did all they could to represent your interests during mediation and previous negotiation attempts. Then again, there are many instances where a lawyer let their ambition, greed, and tunnel vision get ahead of their client’s best interest.

For example, perhaps you sustained a back injury from a rear end collision that requires physical therapy and other long-term treatments. You will miss time from work and there is also the damage to your car that needs to be covered, but you are expected to make a full recovery within the course of a year. At your mediation, however, your lawyer is aggressive and demanding, and makes it seem like you have a permanent, disabling condition that will cripple you for life.

On the other hand, you may have a lawyer with confidence issues, which is often due to lack of experience. This can cause all sorts of problems, ranging from lack of organization to confusion and not being assertive enough during a mediation. You definitely want to avoid this type of an attorney, as you are likely to end up with a settlement that is far below what you deserve, if you receive anything at all.

These are classic examples of why it may be right to change lawyers when you have a pending accident claim. By contacting us for a free second opinion, we can help you determine the cause of your unhappiness and if this is something that can be solved by hiring a new lawyer.

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Now that you understand some of the red flags to look out for, you are probably more concerned than ever over the issue of whether your case if on the wrong track. Should you fire your lawyer right away, or should you find a new lawyer first, then call it quits with your current attorney? Will changing lawyers cause delays or interruptions that set my case back? Will it cost me more money if I find a new lawyer after mediation was unsuccessful?

All these are perfectly normal questions to ask yourself if you are unhappy with the attorney who is currently in charge of your case. Finding the answers to these questions is easy; contact our law firm, where we can connect you with a knowledgeable accident injury attorney.

By scheduling a free second opinion, you will receive honest and informative advice on any problems that you are experiencing with your lawyer. Once you have this information, you can decide for yourself if changing lawyers after a mediation or right before trial is in your best interest. Please keep in mind, however, that your lawyer works for you, and they can be fired whenever you choose, regardless of where you are with your case.

If you ready to meet with one of our attorneys for a free second opinion, please contact our law firm.

Zero Fee Guarantee for all Accident Victims

From slip and fall attorneys to lawyers with experience in car accidents, we have a dedicated team of legal experts who are ready to help you here ta Normandie Law Firm. Our commitment to those who are injured by negligence or misconduct includes the Zero Fee Guarantee, a policy where all legal fees are charged to the party at fault. That means you can hire a lawyer for $0, and the only way we get paid is by recovering your settlement.

We understand how disappointing it is when you have invested considerable time and effort into a case, only to find that your lawyer is not who you thought they were. A failed mediation is a wakeup call that cannot be ignored, but changing lawyers is a big step that you shouldn’t take without advice from another legal expert.

We are here to help, so don’t hesitate to give us a call. Whether you decide to stay with your lawyer or transfer your case to us, your consultation is completely free of charge, so there is nothing to lose by scheduling a second opinion.

Other Pages on Our Website Related to This Topic
Can I Get a Higher Settlement on my Lawsuit if I Change my Lawyer?