Will I pay two full fees if I change lawyers mid-case in Georgia?

· 3 min read

Generally, no. Changing lawyers during a Georgia injury case does not normally mean paying two complete contingency fees on the same recovery. The discharged lawyer is usually limited to the reasonable value of the work already performed, so the two lawyers’ claims are reconciled rather than stacked.

Why two full fees is not the usual result

The concern behind this question is doubling: if each lawyer took a full percentage, switching counsel could cost the client far more than staying put. Georgia avoids that outcome. A contingency-fee lawyer who is discharged before the case resolves cannot claim the entire agreed percentage as a contract right; that lawyer is instead entitled to recover in quantum meruit, the reasonable value of the services actually rendered. Because the former lawyer’s compensation is measured by the work done rather than the full fee, the client is not exposed to two complete percentages on one recovery.

The new lawyer, meanwhile, is paid under the new fee agreement for handling the case from the switch forward. The system is designed so that the combined attorney compensation reflects the work each lawyer contributed, not two untrimmed fees.

How the claims get reconciled

When the case ultimately produces a recovery, the two attorney claims are sorted out before the client’s net is set:

  • The prior lawyer receives reasonable value for past services, often secured by a lien on the recovery, plus any advanced expenses as the original agreement provides.
  • The current lawyer is paid under the new agreement for the remaining work.
  • The client’s share is what remains after those claims and any medical liens are satisfied.

In practice the two lawyers may agree on how to split the attorney portion, or a court may apportion it, but the goal is a single, divided fee rather than two whole ones.

What can still affect the total

While double full fees is not the norm, the exact amount the client pays depends on how much work the first lawyer did, the value a court or the lawyers assign to it, and the terms of the new agreement. A switch made after substantial work has been done leaves a larger quantum meruit claim than one made early. None of this guarantees a particular net figure; it sets the framework within which the fees are divided.

The bottom line

Changing lawyers mid-case in Georgia generally does not mean two full fees, because the former lawyer is limited to the reasonable value of work done rather than the full percentage, and the two claims are reconciled out of one recovery. The total still depends on how much each lawyer contributed, but the client is normally spared paying two complete contingency fees for the same result.

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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