Yes. In Georgia you can fire your personal injury lawyer and hire a new one at any time, with or without a reason, even in the middle of your case. The comment to Georgia Rule of Professional Conduct 1.16 says a client may discharge a lawyer at any time, subject to paying for the lawyer’s services. A discharged contingency fee lawyer is generally limited to the reasonable value of the work done, so you usually do not pay two full fees. Ask the new lawyer to explain in writing how the prior lawyer’s fee will be handled.
If your lawyer has stopped returning calls, you are not stuck. This guide explains how switching works, who gets your file, how the fee is divided, and the deadline that keeps running while you decide.
Video: Your attorney won’t call you back? (0:29)
Already have a lawyer and unsure? Get a free second opinion.
Talk with attorney Jonathan Flack about your case, an offer or switching lawyers. No fee and no case costs unless we recover money for you.
Texts go straight to attorney Jonathan Flack and his paralegal, Vashti. Calls are answered 24/7.
Can I Change Lawyers if My Lawyer Doesn’t Call Me Back?
Yes. You do not need to prove misconduct, and you do not need your current lawyer’s permission. Once you discharge a lawyer, Georgia’s ethics rules require that lawyer to withdraw (Ga. R. Prof. Conduct 1.16(a)(3)).
Silence is also more than an annoyance. Rule 1.4 requires a Georgia lawyer to keep you reasonably informed about the status of your matter and to promptly comply with reasonable requests for information.
Written by attorney Jonathan Flack. Before founding Flack Injury Law, Jonathan spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. Super Lawyers Rising Star (2024 to 2027). The National Trial Lawyers Top 40 Under 40, Civil Plaintiff (2026). GTLA member. Last reviewed: November 1, 2026.
Signs It May Be Time to Switch Lawyers
- No updates for months. No one can tell you what has been sent to the insurer or what happens next.
- You cannot reach the lawyer. Calls and emails go unanswered for weeks, or you have never spoken with the lawyer named on your agreement.
- A deadline is approaching. The two-year filing deadline is getting close, and no one has explained whether a lawsuit will be filed.
- Pressure to settle. You are pushed to accept an offer no one has explained, or to sign a release you do not understand. You can send us the release for a free review before you sign.
- Nothing has been gathered. No one has requested your medical records, the crash report or the other driver’s insurance information.
One missed call is not a reason to change lawyers. A pattern of silence on a case with a deadline is.
Hurt in a crash? Talk with Jonathan Flack.
Free consultation. No fee and no case costs unless we recover money for you.
Texts go straight to attorney Jonathan Flack and his paralegal, Vashti. Calls are answered 24/7.
How Do You Switch Lawyers in the Middle of a Case?
You do not have to confront your current lawyer. The usual steps are:
- Meet with the new lawyer first. Bring your fee agreement, insurer letters, claim numbers and any settlement offers.
- Sign with the new lawyer. The new lawyer can then send your former lawyer written notice that you are ending the representation. You do not need to explain why.
- Let the new lawyer request the file. The new firm usually asks the former lawyer in writing for your complete file and for notice of any fee claim.
- If a lawsuit is pending, the court is told. In superior court, the new lawyer can file a notice of substitution of counsel signed by you and the new lawyer, so the former lawyer does not need a separate order to withdraw (Uniform Superior Court Rule 4.3(3)).
- Send every insurance call to the new lawyer. Do not give recorded statements or sign releases during the change.
Who Owns Your Case File?
When a representation ends, Georgia Rule 1.16(d) requires the lawyer to take reasonable steps to protect your interests, including surrendering papers and property to which you are entitled.
Georgia law also gives lawyers a lien on client papers for unpaid services (O.C.G.A. § 15-19-14(a)). How that lien and the ethics rule fit together can depend on the facts, so let your new lawyer handle any dispute over the file.
If your file does not arrive after you have asked for it, the State Bar’s Client Assistance Program may contact the lawyer on your behalf.
Will I Have to Pay Two Lawyers?
Usually not two full fees. In Greer, Klosik & Daugherty v. Yetman, 269 Ga. 271 (1998), the Supreme Court of Georgia held that a contingency fee lawyer discharged before the contingency occurred could not recover under the contingency contract. That lawyer’s remedy is quantum meruit, meaning the reasonable value of the work actually done.
If a lawsuit was filed, Georgia law may also give the former lawyer a lien for fees on that action (O.C.G.A. § 15-19-14(b)). Georgia’s ethics rules bar any lawyer from charging or collecting an unreasonable fee (Rule 1.5(a)).
Before you sign, ask the new lawyer to explain in writing how the prior lawyer’s fee will be handled, including whether it will come out of the new lawyer’s fee. When it does, your total cost stays at one contingency fee.
Switching Does Not Stop the Two-Year Deadline
Changing lawyers does not pause the statute of limitations. Most Georgia injury lawsuits must be filed within two years (O.C.G.A. § 9-3-33). A case that sat for a year at another firm may leave the new lawyer only months to prepare a lawsuit.
Some deadlines are shorter. A claim against a city requires written notice within six months (O.C.G.A. § 36-33-5). A claim against the State requires notice within 12 months of when the loss was or should have been discovered (O.C.G.A. § 50-21-26).
In truck cases, evidence can disappear even sooner. Federal rules require carriers to keep drivers’ hours-of-service records for only six months (49 C.F.R. § 395.8(k)), so ask whether anyone sent the trucking company a preservation letter. Our guide to how long you have to file a claim in Georgia covers each deadline.
What a Switch Can Change: One Georgia Case
In one case, a client came to us after a year with another firm in which, she told us, nothing had happened in her DUI crash case in Barrow County. Within one month of her switching to Flack Injury Law, we secured a $250,000 policy-limits settlement, which was the maximum coverage available. Prior results do not guarantee a similar outcome.
Video: What you deserve from your injury lawyer (0:36)
A stalled case often needs the same basic work: collect the records, confirm every available policy and send the insurer a complete demand. If an offer is already on the table, our guide to the first settlement offer in Georgia explains how to judge it. When an insurer offers its full coverage, read our guide to a policy limits offer in Georgia before you accept, because your own uninsured motorist coverage may add more.
Can the State Bar of Georgia Help With My Lawyer?
Yes, in limited ways. The State Bar’s Client Assistance Program (CAP) handles problems between lawyers and clients. If your lawyer is not returning calls, CAP may suggest writing to the lawyer first. If that gets no reasonable response, CAP may contact the lawyer for you.
CAP cannot give legal advice, intervene in your case or refer you to a specific lawyer. You can reach it at 404-527-8759. Fee disputes go to the Bar’s separate Fee Arbitration Program.
CAP can help a stuck relationship start working again. If you have already lost confidence in your lawyer, hiring a new one is usually faster than waiting.
Switching Lawyer Questions
Can I fire my personal injury lawyer in the middle of my case?
Yes. A Georgia client may discharge a lawyer at any time, with or without cause, subject to paying for the lawyer’s services.
Do I have to tell my old lawyer why I am leaving?
No. A short written notice ending the representation is enough, and your new lawyer can send it for you.
Will I pay two attorney fees if I switch?
Usually not two full fees. A discharged contingency fee lawyer is generally limited to the reasonable value of the work done, so ask the new lawyer to explain in writing how the prior lawyer’s fee will be handled.
Can my old lawyer keep my file until I pay?
It depends. Georgia law gives lawyers a lien on client papers for unpaid fees, but Rule 1.16(d) requires a lawyer to take reasonable steps to protect your interests, including surrendering papers you are entitled to. Your new lawyer can press for the file.
Does changing lawyers extend the statute of limitations?
No. The two-year deadline in O.C.G.A. § 9-3-33 keeps running, and claims against a city or the State have shorter notice deadlines.
Who do I complain to if my lawyer won’t call me back?
Start with the State Bar of Georgia’s Client Assistance Program at 404-527-8759. If you would rather move on, a new lawyer can take over the case and request your file.
Get a Free Case Review From Jonathan Flack
Tell us what happened. Jonathan represents injured people only, and he works directly on every case. You pay no fee and no case costs unless we recover money for you.
Texts go straight to attorney Jonathan Flack and his paralegal, Vashti. Calls are answered 24/7.
“I contacted Jonathan, who immediately responded and visited with us the next day.” Leonard Freedman, client’s husband
Read our Google reviews · See case results
Related Guides
- Atlanta Personal Injury Attorney
- Case Results
- Signs You May Have a Personal Injury Case in Georgia
- Top Tips for Choosing a Personal Injury Attorney in Georgia
See all our guides for people hurt in Georgia crashes.
This article is general information about Georgia law, not legal advice for any specific situation. Laws change and outcomes depend on facts particular to each case. Reading this page or contacting Flack Injury Law through this website does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.