Can I Switch Lawyers in the Middle of a Dog Bite Case?

Yes — and switching is more common than most clients realize. Here’s how it works.

The Short Answer

Yes. You have an absolute right to change attorneys at any point in your case. The new attorney handles all communication with the prior firm. The original attorney is typically entitled to a portion of the eventual settlement based on the work they performed (a ‘quantum meruit’ claim against the case). Switching is common when communication breaks down, when you’ve lost confidence in your current attorney, or when your case has stalled.

Video coming soon — Solomon Radner answers this question

The Detailed Answer

Many clients feel locked in to their current attorney even when they shouldn’t be. The truth is that you have the right to fire your lawyer at any time, for any reason. The Michigan Rules of Professional Conduct specifically protect this right.

Common reasons clients switch

Lack of communication — calls and emails go unanswered for weeks
Lack of progress — months pass with no apparent movement on the case
Pressure to settle low — attorney pushing you toward a settlement that doesn’t feel right
Lack of specialization — your attorney handles many practice areas and isn’t a dog bite specialist
Loss of confidence — you simply don’t trust their handling of the case anymore

How the switch works

The mechanics are straightforward:

You meet with the new attorney — we offer free consultations even for clients with current representation
The new attorney evaluates the case — and tells you honestly if switching makes sense
If you decide to switch, you sign a new representation agreement and a notice terminating the prior attorney
The new attorney handles the file transfer — you don’t have to confront the old firm yourself
The case continues from where it was — no need to start over

What about the old attorney’s fee?

This is the most common concern. Here’s how Michigan handles it:

You do NOT pay two full contingency fees. The total fee paid out of the settlement is the same — typically one-third. That single fee is then divided between the prior and new attorney based on the work each performed (a “quantum meruit” allocation). The old attorney can assert a lien against the case for the value of their work, but they can’t double-charge.

In practice, if the old attorney did minimal work, the lien is small. If they did substantial work before the switch, the lien is larger. Either way, your net recovery is largely unaffected by switching.

When to consider switching

The right time is when one of these is true:

You’ve had unanswered calls or emails for more than 2-3 weeks
The case has stalled for months without explanation
You feel pressured to settle for less than you believe the case is worth
You learn your attorney has limited dog bite experience
The relationship has simply become uncomfortable

The right time is NOT when you’re frustrated with a single setback — every case has setbacks. The right time is when there’s a sustained pattern that hasn’t improved despite raising concerns directly with your attorney.

What This Means for Your Case

If you’re currently represented and unhappy with your lawyer, you have options. Call for a free consultation — we’ll evaluate honestly whether your case would benefit from new representation, or whether staying with your current attorney is the better path.

Bitten by a dog in Michigan? Call 1-800-LAWSUIT or request a free case review. No fee unless we win.