You can fire your personal injury lawyer in Nevada at any point, though a lien may apply for work already completed. Nevada law protects your right to choose who represents you, even under a signed contingency fee agreement. Your former attorney may place a lien on your eventual settlement for the reasonable value of their work, but this doesn’t prevent you from hiring new representation.
Feeling ignored by your lawyer, pressured into accepting a low settlement offer, or watching weeks pass without an update are common reasons injury victims in Las Vegas start looking for a new attorney. When your case stalls and your calls go unanswered, it becomes difficult to trust that anyone is fighting for the compensation you actually need.
Many people stay with an underperforming lawyer because they worry that switching means starting over, paying two separate fees, or losing ground right before a settlement. That fear keeps injury victims stuck with representation that is not protecting their interests, even as medical bills grow and the statute of limitations keeps ticking.
Discover when it makes sense to fire your personal injury lawyer, how attorney fees are split when you switch, and how an experienced personal injury attorney can take over your case without costing you extra time or money.
Do You Have the Right to Fire Your Lawyer in Nevada?
You are the client, which means you are in charge of your case. The attorney-client relationship is a professional agreement where your lawyer works for you, not the other way around.
Many injury victims believe that signing a contingency fee agreement means they are locked in. A contingency fee agreement is a contract where your lawyer only gets paid if you win. Signing one does not remove your right to fire that lawyer at any time.
When Should You Consider Firing Your Lawyer?
Not every frustration is a reason to make a change. Some delays are normal when lawyers are preparing your case or waiting on insurance adjusters. However, certain patterns put your entire claim at risk and deserve serious attention.
Communication Breakdowns
Your lawyer should keep you informed about what is happening with your case. If your calls go unanswered for weeks, you only speak to assistants, or you have no idea what stage your case is in, that is a problem.
You deserve direct access to the attorney handling your claim, not just the person at the front desk.
Pressure to Accept a Low Settlement
Some firms push quick settlements to close files fast and collect their fee. If your lawyer is urging you to accept an offer that does not cover your medical bills, your lost wages, or your future treatment costs, that is a serious red flag.
Your lawyer’s job is to fight for what your case is actually worth, not to take the fastest path to closing it.
Missed Deadlines or Weak Case Strategy
The statute of limitations is the legal deadline to file your lawsuit in court. In Nevada, you generally have two years from the date of your accident to file a personal injury claim under NRS 11.190. Missing this deadline means losing your right to compensation permanently.
Sloppy paperwork, weak negotiation, or a failure to gather proper medical evidence can damage your case just as severely as a missed deadline.
Ethical Violations
Some situations go beyond poor service and cross into professional misconduct:
- Conflicts of interest: Your lawyer is also representing someone whose interests compete with yours in the same case
- Dishonesty: Your attorney withholds settlement offers or lies about the status of your claim
- Mishandling funds: Settlement money or case expenses are not properly managed
- Confidentiality breaches: Your private case details are shared without your permission
If any of these apply to your situation, contact the State Bar of Nevada and consult a new attorney immediately.
What Happens to Fees When You Fire Your Lawyer?
This is the question that stops most people from making a change. The good news is that in most Nevada personal injury cases, you will not pay anything out of your own pocket when you switch lawyers.
Your former attorney can file what is called an attorney’s lien under NRS 18.015. An attorney’s lien is a legal claim that allows your previous lawyer to collect payment from your eventual settlement rather than billing you directly today.
How the Contingency Fee Gets Split
Contingency fees in Nevada are generally calculated as a percentage of your final recovery. When you fire your lawyer before the case resolves, that single fee gets divided between your old attorney and your new attorney based on the work each one performed.
This division is based on a legal principle called quantum meruit, which simply means the reasonable value of services already provided. Your new attorney and your former attorney work out the split between themselves.
Will You Pay Two Lawyers?
No. You will never pay two separate full fees. The one contingency fee percentage is shared between both attorneys. Any disagreement over how to divide it is resolved between the lawyers, not by taking more money from you.
| Scenario | What You Pay | Who Gets Paid |
| Keep current lawyer through settlement | One contingency fee | Current lawyer only |
| Switch to a new lawyer | One contingency fee | Split between old and new lawyer |
| Fire lawyer and the case is lost | Nothing | No one |
Will Switching Lawyers Hurt Your Case?
Timing matters, but a skilled new attorney can almost always pick up where the last one left off. In many cases, bringing in a stronger firm actually improves your outcome because the insurance company sees that you are now serious about going to trial.
The earlier in the process you make the switch, the smoother the transition will be along your case timeline. Switching is most complicated right before trial or during active settlement negotiations, but it is still possible at those stages.
In our experience taking over cases from other firms, clients are often surprised at how quickly we can identify gaps in the prior attorney’s evidence file, and insurance carriers frequently respond by taking the case more seriously once they see a trial-ready firm has stepped in.
Get a Second Opinion Before You Decide
Before you fire anyone, get a free second opinion from another Nevada personal injury attorney. A second opinion helps you understand whether your current situation is fixable or whether a change is the right call. Ladah Injury & Car Accident Lawyers Las Vegas offers free and confidential second opinions with no obligation.
How to Fire Your Personal Injury Lawyer in Nevada
Follow these five steps to protect your claim during the transition.
Step 1: Review Your Contract
Pull out the fee agreement you signed at the start of your case. Look for sections about termination, fees owed upon ending the relationship, and how your file will be returned. Most Nevada contingency agreements address these points directly.
Step 2: Hire a New Lawyer First
Line up your new attorney before you fire your current one. A gap in legal representation can mean missed deadlines and lost evidence. Your new firm can even send the termination notice on your behalf so you do not have to manage the conversation yourself.
Step 3: Send a Termination Letter
Your termination letter needs four things: your name, your case number, a clear statement ending the representation on a specific date, and a request for your full case file. Keep it short and direct.
Step 4: Get Your Complete Case File
Nevada attorneys are ethically required to return your full file upon request. This includes your medical records, police reports, expert reports, photos, and all correspondence with the insurance company. Your former lawyer cannot hold your file as leverage over a fee dispute.
Step 5: File a Substitution of Attorney
If your case is already in court, your new attorney will file a Substitution of Attorney. This is a formal court document that notifies the judge and the opposing counsel that you have new legal representation. Your new attorney handles this paperwork for you.
Can You Fire Your Lawyer Near Settlement or After Signing a Contract?
Yes to both. Signing a contract does not remove your right to make a change, and being close to a settlement does not either.
- Early in the case: This is the easiest time to switch. The transition involves little more than a file transfer and a lien negotiation.
- During active negotiations: Your new lawyer must evaluate any pending offers immediately and decide whether to continue the current negotiation or reset the conversation with the insurance carrier.
- Right before trial: The court may need to approve a last-minute substitution, and some delay is likely. Firms with strong trial experience can step in late and still build a strong case for the jury.
What Ladah Injury & Car Accident Lawyers Las Vegas Does When You Switch to Us
We have taken over personal injury cases at every stage, from the initial investigation all the way to weeks before trial. We have secured significant recoveries for injury victims throughout Southern Nevada.
When you come to us after leaving another firm, here is exactly what we do:
- Free confidential case review: We review your case and your current representation at no cost so you can make an informed decision before firing anyone.
- Immediate deadline audit: We identify every upcoming court date, statute of limitations deadline, and discovery requirement within 48 hours so nothing is missed.
- Lien negotiation: We deal directly with your former attorney to resolve any lien fairly, so you are never stuck managing a dispute between two law firms.
- Trial-ready preparation: Founder Ramzy Ladah is one of the few attorneys in Nevada certified as a personal injury specialist by the State Bar of Nevada. We prepare every case as if it is going in front of a jury, which is why insurance companies take our calls seriously.
- Direct attorney access: We give you your attorney’s cell phone number. You will never be left wondering what is happening with your case.
We have secured substantial jury verdicts and settlements for clients, including cases where trial awards far exceeded insurers’ pretrial offers.
“I feared that this case would become a rushed process, but [Ramzy Ladah] took things very carefully and took things very calmly, which kept [us] calm in return. It made us feel like the most important client at that time. … You could tell that Ramzy was prepared for everything!” – Lejardi Brothers
Talk to Us Before You Make Any Decisions
You are managing medical appointments, missing work, and fielding calls from insurance adjusters who want to pay you as little as possible. You should not also have to wonder whether your own lawyer is working hard enough for you.
Call Ladah Injury & Car Accident Lawyers Las Vegas at (702) 252-0055 or contact us online for a free, confidential second opinion. We will review your case and only recommend a change if it genuinely helps your recovery.
“Ramzy took over and he and his staff did just a wonderful job. They got me more money than I thought that I would get. Everything was efficient. They kept me up to date on all the steps that we went through. And, I was just very pleased and would recommend them to anyone else.”
Frequently Asked Questions
Can I Fire My Personal Injury Lawyer Before My Settlement Is Finalized?
Yes, you can end the attorney-client relationship at any point before a settlement is signed. You will not owe any fee out of pocket because contingency fee splits are paid from the eventual recovery, not from your bank account.
Will I Owe Money to My Current Lawyer If I Fire Them?
You will not owe anything upfront. Your former attorney may file a lien under NRS 18.015 to recover the reasonable value of work already performed, which is paid out of your final settlement.
How Quickly Can a Substitution of Attorney Be Filed in Nevada?
Once both attorneys sign the document, a Substitution of Attorney can typically be filed within a few business days. Last-minute changes close to a trial date may require court approval and take longer.
Can My Former Lawyer Refuse to Return My Case File?
No. Nevada’s rules of professional conduct require attorneys to return your complete file upon request, even if there is an unresolved fee dispute or an outstanding lien on your case.
What If My Lawyer Already Missed the Filing Deadline?
If your lawyer missed the two-year deadline under NRS 11.190 and you lost your right to sue, you may have a separate legal malpractice claim against that attorney. A malpractice claim is entirely separate from your original personal injury case.
Can a New Lawyer Reduce What I Owe My Former Lawyer?
Yes, lien amounts are frequently negotiated down. An experienced new attorney will work directly with your former lawyer to reach a fair split so that more of your final recovery stays with you.