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Switching attorneys – when can clients leave an attorney? (legal information)

Joshua Pex
Joshua Pex

The question of switching attorneys come up in many cases, and for a variety of reasons. Sometimes clients prefer that a different attorney represent them, or wish to switch the attorney handling their case for some other reason. This subject brings up complex legal issues, and even personal dilemmas on the clients’ part. It may affect the outcome of the issue that the attorney is handling, as well as having economic consequences for the client.

The attorneys from our office, in Jerusalem and in Tel Aviv, specialize in civil law. Our office provides our clients with comprehensive legal services, including counsel and representation, in a variety of legal fields such as: family and inheritance law, tort law, corporate law, intellectual property, labor law, bankruptcy and insolvency, and more. In this article, attorney Joshua Pex, a partner in our office and an expert on civil law, will explain the legal issues regarding switching attorneys.

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Switching attorneys during representation or handling of a legal issue – not always advisable

What can clients do if they decide that they prefer a different attorney handle a case in which they already have representation? The short and intuitive answer to this question is that it is not always advisable to switch representation after a proceeding has begun. The longer answer is that the issue must be taken under consideration, with an understanding of the all the consequences it may have on your case.

The number of attorneys in Israel has increased greatly in recent years, and at the same time there has been a rise in cases where clients seek to switch attorneys during the proceedings or cases in which they are being represented. It is important to know that the decision to switch attorneys during a proceeding may have various consequences, and so it must be made after serious consideration. These consequences include being charged attorney’s fees despite switching representation, or even problems regarding the case being handled. In the following section we will expand on the possible reasons for wanting to switch attorneys, as well as the consequences the switch may have.

Possible reasons for wanting to switch attorneys

There may be many reasons for wanting to switch attorneys. Common possible reasons are disagreements between the attorney and the client regarding how to handle the case, or the client’s feeling that the case is being handled unprofessionally or that the attorney is not investing enough efforts to advance the case. These feelings and disagreements are natural, but it is important to remember that they do not always reflect the actual situation. Usually the client does not have the legal knowledge required to understand whether his or her feelings are grounded in fact.

There are clients who seek out other attorneys in order to get a second opinion on the handling of their case. Here as well, it is important to remember that the external attorneys are not entirely proficient in the details of the case, and so such opinions must be taken with a grain of salt. Obviously, there may be many reasons for clients’ desire to switch the attorneys representing them, but what they have in common is that the decision is always likely to have crucial consequences.

What are the possible consequences of switching attorneys?

First and foremost, switching attorneys during the handling of the case or the legal issue may affect the way the case is handled. Legal proceedings or issues that attorneys handle may take a long time. The decision to involve another attorney, who hasn’t been involved from the beginning, can affect the way the case is handled and the decisions made on the issue, sometimes in a negative way. This is all the more true when the case is already at an advanced stage, and the attorney has accumulated experience and familiarity with the details of the specific case.

In addition, there may be consequences regarding the attorney’s fee that the client will pay. Often, even though an attorney did not finish the task, a client who chose to replace the attorney will need to pay the attorney’s full fee. This was the case, for instance, in an important court ruling on the subject (the Chaim Korpo court ruling). In this court ruling, the Supreme Court ruled that because the attorney forms an expectation to receive a certain payment based on the agreement with the client, releasing the client from this agreement may entail a requirement for financial compensation.

Conclusion

As we have explained above in detail, decisions to switch attorneys may stem from a variety of reasons, but what they have in common are the possible consequences on the subsequent handling of the case and on the attorney’s fee that the client may pay. It is not advisable to decide hastily on switching attorneys without taking these consequences into account. In any case of doubt it is advisable to seek legal counsel on the issue.

Contact an expert civil law attorney

For any additional question on a client’s switching attorneys during legal proceedings, we are glad to be at your service and provide any information that may be of assistance. The attorneys from our office specialize in a variety of issues in civil law, including contract law, tort law, bankruptcy, family law, corporate law, etc. You can contact us at the phone numbers and email address below.

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