Can I fire my injury lawyer and hire a new one in the middle of my Georgia case?

· 3 min read

Yes. A client generally has the right to discharge a lawyer and retain a different one, even partway through a Georgia injury case. The relationship is built on the client’s trust, so the client may end it; what changes is not the right to switch but how the departing lawyer is compensated for work already done.

The client’s right to change counsel

Georgia recognizes that a client may discharge an attorney, with or without cause. A lawyer cannot force a client to keep them, and the existence of a contingency-fee contract does not lock the client in. The practical steps usually involve notifying the current lawyer in writing, retaining new counsel, and substituting the new attorney into the case so that any pending deadlines and court dates continue to be covered without a gap. Because Georgia’s two-year personal-injury deadline under O.C.G.A. § 9-3-33 keeps running, timing the switch so nothing falls through the cracks matters.

What the discharged lawyer is owed

Firing the original lawyer does not mean their work was free. When a client discharges an attorney who was working under a contingency fee before the case resolves, Georgia limits that lawyer to recovering in quantum meruit, the reasonable value of the services actually performed, rather than the full contract percentage. The size of any eventual recovery the client obtains is one factor a court may weigh in valuing those services, but the discharged lawyer is not simply handed the agreed percentage. This protects the client’s right to switch while still paying the first lawyer fairly for real work.

Practical considerations before switching

Changing counsel is a right, but it is worth approaching deliberately:

  • Make sure new counsel is in place and the case file transfers so deadlines stay covered.
  • Understand that the first lawyer’s quantum meruit claim and any advanced case expenses will be addressed out of an eventual recovery.
  • Recognize that any attorney lien the prior lawyer asserts on the recovery is resolved before final distribution.

The bottom line

A Georgia injury client can fire one lawyer and hire another mid-case; the right to choose counsel belongs to the client. The discharged lawyer working on contingency is generally limited to the reasonable value of the work performed rather than the full percentage, so a clean transfer of the file and an understanding of how the prior lawyer will be paid are the main things to manage during the switch.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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