A Georgia client may discharge a lawyer at any time, with or without cause. A lawyer fired before a recovery generally can't collect the full contract percentage; the Georgia Supreme Court held in 1998 that the remedy is quantum meruit, the reasonable value of the work done, unless the contract says otherwise. The old lawyer may assert a lien on the recovery under O.C.G.A. § 15-19-14. In practice, the fee is usually divided between the lawyers rather than paid twice.
People switch injury lawyers for many reasons: calls that go unreturned, a case handed to someone they've never met, pressure to take an early offer, or simply a loss of trust. Changing lawyers is more common than most people think, and it doesn't have to hurt your case if it's done carefully.
Your right to change lawyers
The Georgia Rules of Professional Conduct are clear: "A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services" (Rule 1.16, Comment [4]). Once discharged, the lawyer must withdraw and must take reasonable steps to protect your interests, including "surrendering papers and property to which the client is entitled" (Rule 1.16(d)).
How the first lawyer gets paid
If you fire a contingency fee lawyer before any recovery, the Georgia Supreme Court has held that "quantum meruit is the proper remedy for an attorney who is discharged before the occurrence of the contingency" (Greer, Klosik & Daugherty v. Yetman, 1998). Quantum meruit means the reasonable value of the work the lawyer actually did. The answer can differ if the fee contract expressly addresses what happens on discharge, so read yours.
The first lawyer can also assert an attorney's lien under O.C.G.A. § 15-19-14, which is "superior to all liens except tax liens" and attaches to the recovery. That means the lien is resolved out of the settlement, typically before money is disbursed.
Usually, the new lawyer and the old lawyer work out a division of a single fee, so most clients don't pay two full fees. That's common practice, not a guarantee. Ask the new lawyer how they will handle the prior lawyer's claim before you sign.
Good reasons to consider switching
- You can't get a response to calls or emails for weeks at a time.
- No one can tell you the status of your case, what's been done, or what happens next.
- You're being pressured to settle without a clear explanation of why the offer is fair.
- Your case is close to a deadline and you don't know whether a lawsuit has been filed. See the statute of limitations guide.
- You've learned the lawyer rarely handles cases like yours, or has referred it to another firm without telling you.
How to switch, step by step
- Talk to a new lawyer first. Don't fire your current lawyer until you have someone ready to step in, especially if a deadline is near.
- Bring your fee agreement and any letters or emails from your current lawyer and the insurance company.
- Once you've hired the new firm, notify your old lawyer in writing. The new firm often handles that letter and the file request for you.
- The new firm notifies the insurance company and, if a suit is pending, the court, so communications come to the right place.
- Keep copies of everything.
Timing matters
Switching early is generally easier than switching late. If a lawsuit has been filed, a substitution of counsel has to go through the court, and since 2025 Georgia has a short window for a plaintiff to dismiss a case without permission (O.C.G.A. § 9-11-41, as amended). Late in a case, a new lawyer needs time to learn the file before mediation or trial. None of this is a reason to stay with a lawyer you don't trust, but it's a reason to act sooner rather than later.
Talk to Parisi Law Firm
If you're thinking about changing lawyers on an injury case in Northeast Georgia or metro Atlanta, Jerry Parisi will review where things stand and explain your options honestly, including whether switching makes sense. Request a free case review or call (404) 594-5130.
Frequently Asked Questions
Can I fire my personal injury lawyer in Georgia?
Yes. Under the Georgia Rules of Professional Conduct, a client may discharge a lawyer at any time, with or without cause, subject to paying for the lawyer's services.
Will I pay two attorney fees if I switch lawyers?
Usually not. A lawyer discharged before a recovery is generally limited to the reasonable value of the work done, and the lawyers typically divide one fee. That depends on your agreements, so ask the new lawyer how the prior lawyer's claim will be handled.
Does my old lawyer have to give me my file?
Rule 1.16(d) requires a discharged lawyer to take reasonable steps to protect your interests, including surrendering papers and property you're entitled to. Your new lawyer will usually request the file for you.
Is it too late to change lawyers if my case is in suit?
Not necessarily, but it takes a court filing to substitute counsel and the new lawyer needs time to prepare. The sooner you act, the easier it is.
Sources
This guide is general information about Georgia law as of October 29, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.