Switching attorneys during a lawsuit in which you have already received a pre-settlement lawsuit advance can introduce complications. While it is possible to make this change, it’s important to understand the implications it may have on your case, the funding you have received, and the overall timeline of your legal battle. From delays in the case to potential changes in the funding agreement, here’s a detailed look at what happens when you switch attorneys and how to navigate this decision carefully.

What Happens When You Switch Attorneys During a Lawsuit Advance?

It’s not uncommon for individuals to change attorneys during the course of a lawsuit. Whether it’s a difference in legal approach, poor communication, or simply the need for better expertise, a switch can sometimes be the best option. However, when you’ve already secured a lawsuit cash advance, this decision can complicate things significantly. The lawsuit funding process is carefully structured around the legal strategy and timeline set by your original attorney, and switching lawyers can create ripple effects that impact both the lawsuit and the funding you’ve received.

Changing attorneys in the midst of an ongoing lawsuit is not a decision to be taken lightly, especially when there is financial support tied to the outcome. Understanding how this affects your case is essential for ensuring you don’t inadvertently harm your chances of a favorable outcome or cause unnecessary delays in receiving further funding.

Impact on Your Lawsuit Advance

A lawsuit cash advance, sometimes referred to as pre-settlement funding, is designed to provide you with the financial support you need while you await the outcome of your case. When you receive funding, it typically comes with specific terms and conditions that are agreed upon with the attorney representing you. So, what happens if you switch attorneys?

Lawsuit Funding Notification: If you change attorneys during the lawsuit process, the funding company must be notified. This ensures that the new attorney is on file, and all communication moving forward is redirected. Most funding providers require updated information on your legal representation, as they work directly with your attorney to assess the case’s progression.

- WHAT CLIENTS ARE SAYING -

In June, my wife and I asked our attorney about giving us a loan against any settlement proceeds from our case. He told us that the state bar does not

permit lawyers to participate in the financing of clients. The offer of settlement was very low so the case needed to be filed in court. I called Fast Funds. Within 24 hours, I had entered into an agreement with them, selling a very small portion of the anticipated proceeds to them in exchange for immediate financing. Now my suit is in court and I don't have to worry about money until it's outcome. Thank god for Fast Funds

B.G.

As a result of the advances you have made to our client, we were able to refuse an extremely low settlement offer and take the case to court. We settled the day of the trial for a very generous sum. Had there been no advances by Fast Funds, our client would have had no choice but to accept the inadequate offer since he was in severe debt due to his inability to work. Thank you for your helpful assistance in providing our client with the ability to persevere.

C.F.

I was involved in an accident which took my left leg. I was forced to live homeless for eleven months. Thanks to the Fast Funds people advancing money. I now live in an apartment,I am walking on a prosthetic and otherwise getting my life back together, even though my attorney has not yet settled my lawsuit. I don't know what I would have done for money because the insurance company has offered nothing so far.

A.R.S.

I was involved in an auto accident which caused me to suffer a herniated disc. Because of this injury, I was forced to miss many months of work. I had no income and no place or person to turn to for money. My attorney told me he was unable to help with any financing and the insurance company was refusing to settle the case. I turned to a company called Fast funds. They immediately reviewed my file and took the financial pressure off by providing me with interim financing. I am now able to wait for as long as it takes for my lawyer to achieve a successful result in my case. Without the financial involvement of Fast Funds, I don't know what I would have done.

K.P.

I wanted to thank you for your sensitivity in helping me cope through a very difficult time in my life. Without your help, I would have been unable to pay my rent , forcing my wife and children to be put on the street. I have not been able to return to work and I was tempted to accept the insurance company's very low offer to settle, even though I knew it was not fair or reasonable. You have given me the ability to withstand the financial pressures. Thanks for your help. I will never forget it

C.S.

I have in the past referred clients to Fast Funds Inc., a non-recourse company. The experience of my clients

and my firm were totally positive. Fast Funds was responsive to the clients financial and emotional needs, provided the necessary emergency money and did not interfere in any manner with my handling of the cases. The clients, without my input, negotiated the advance directly with the company. In each case, they were completely satisfied with the final result of the case, including the amount of profit earned by Fast Funds. Non-recourse funding is clearly a valuable tool to the plaintiff's attorney.

M.J.L.

"I am writing to recommend the valuable assistance of the Fast Funds Inc., a company that provided interim funding to financially needy clients. They help to insure that a case will be brought to a successful resolution. A good case in point is when I was offered $75,000.00 for a seriously injured client. Had she not been able to take advantage of the advance financing offered by Fast Funds, I would have been forced to take the money. As it turned out, because my client now had the financial ability to withstand the pressures of time, I tried the case to a jury and received a verdict of $315,000.00.

M.S.D.

It is my belief that non-recourse companies, such as Fast Funds, the company to whom I refer my needy clients, perform an invaluable service to both the client and the attorney. Simply put, it is common knowledge that one of the tools negotiation utilized by insurance companies is time. Offering

considerably less money than the actual case value to a client in desperate need of funds while the case is pending, gives the insurance companies a tremendous advantage. This advantage is minimized and the playing field is leveled when the client has the ability to obtain funds for a minimal portion of the anticipated proceeds. Many times, with no prospects of income, an injured party will settle the case for whatever offer is made.

R.J.F.

Delays in Funding: Your new attorney will need time to review the details of your case and may even need to renegotiate aspects of your legal strategy. This process can lead to delays in securing additional funding or in the timeline for repayment. Lawsuit funding companies assess risk based on the attorney’s approach to the case, so any changes in strategy or legal team can prompt a reassessment of the risk.
Revised Terms: The change in attorneys can lead to new negotiations for terms of the lawsuit advance. If the new attorney has a different approach to how they handle the case, or if they believe the case is worth more or less, the funding company may adjust the terms of your loan or advance. This could mean you might receive a different amount of funding or face changes to the repayment schedule.

In some cases, if the new attorney’s approach to the case differs significantly from that of the previous attorney, the funding company may require additional documentation or delay further disbursements until they have evaluated the new approach. It’s crucial to understand that the funding provider will typically review the case more closely when there is a change in the legal team.

How Switching Attorneys Affects Your Legal Case

While the financial aspects of switching attorneys are important, the legal impact of this decision cannot be overlooked. Changing legal representation can have significant effects on the timeline and the strategy of your case.

Time to Get Up to Speed: One of the first things that happens when you change attorneys is that the new attorney will need to familiarize themselves with the details of your case. This can take time, especially if your case is complex or has been ongoing for a while. The more time your new attorney spends reviewing the case, the more potential for delays in proceeding with the lawsuit.
Legal Strategy Changes: Different attorneys have different approaches to legal cases. Your original attorney may have been focused on a particular strategy for winning the case, but your new attorney may want to try a different approach. This could affect how quickly the case proceeds. The new attorney might want to gather additional evidence, conduct new interviews, or even take a new legal approach entirely. While this can improve your chances of a better outcome, it may also delay the process.

Legal Fees and Attorney Agreements

Another important factor to consider when switching attorneys is how the change will affect the legal fees you owe. Most attorneys work on a contingency fee basis, meaning they get paid only if you win the case. However, the way this fee structure is handled can change when a new attorney comes on board.

Division of Legal Fees: When you switch attorneys, there may be a division of legal fees to consider. The new attorney and the previous attorney will need to agree on how the fees will be split based on the work already completed and the new work to be done. This process can sometimes lead to complications, especially if the new attorney feels they should be compensated differently for the work they will be doing.
Contingency Agreements: Some lawsuit funding agreements are tied to specific contingency fee arrangements. If you switch attorneys, you may need to renegotiate these terms. If your new attorney has a higher contingency fee, it could affect the overall amount of funding you are able to receive and the potential amount you might owe once the case is settled.
Fee Structure Changes: If you have already received a pre-settlement funding advance, the new attorney may have a different approach to billing or contingency fees. It’s important to clarify how the change will impact your overall financial obligations, as the new legal team may have different fee arrangements.

The Timeline: What to Expect

When switching attorneys during a lawsuit, especially after receiving an advance, the timeline of your case will likely change. Here’s a deeper look at how these changes can affect the timing of your lawsuit and the funding you’re receiving.

Impact on Lawsuit Funding: Switching attorneys can delay the processing of further lawsuit advances, as the funding company may require additional documentation and time to review the new attorney’s strategy. This could lead to delays in receiving the next installment of funding, which could impact your ability to pay for necessary expenses during the litigation process.
Case Delays: Your new attorney will likely need time to catch up on the details of the case. This could mean more time spent gathering evidence, interviewing witnesses, or even re-evaluating settlement options. All of these tasks take time, which could delay your case even further. This is especially important if you are relying on the funding to cover expenses like medical bills, rent, or other necessities.
Negotiation and Settlement Time: If the new attorney plans to take a different approach to the settlement negotiations, it may delay the settlement process. While a more aggressive negotiation strategy can lead to a better settlement, it may also prolong the process. This can impact when you receive the final settlement and the timing of your funding repayment.

What to Do Before Switching Attorneys

If you are considering changing attorneys during a lawsuit advance, there are several steps you should take to ensure the process goes as smoothly as possible:

Consult with Your Funding Provider: Before making the switch, consult with your lawsuit funding provider to understand how the change will affect your funding agreement. Ensure that all documentation is updated, and clarify any concerns about delays in receiving additional funding or changes in repayment terms.
Clarify Legal Fees and Agreements: Have a clear discussion with both your previous attorney and your new attorney about how the legal fees will be handled. Make sure you understand the division of fees and how this might affect the financial structure of your case.
Discuss Potential Delays: Understand that switching attorneys could delay the lawsuit, and plan for these delays in your personal and financial life. This includes having a backup plan in case the delays affect your ability to cover necessary expenses.

Final Considerations: Is Switching Attorneys the Right Decision?

Switching attorneys during a lawsuit in which you have an advance is not a decision to be taken lightly. While it may be necessary for the success of your case, it can introduce financial and logistical complications that could affect the outcome. From potential delays in case proceedings to adjustments in the terms of your lawsuit funding agreement, it’s important to weigh all factors before making the switch.

Fast Funds is here to help you navigate the complexities of lawsuit funding. If you are considering changing attorneys during your case, reach out to discuss how we can support you throughout this process.

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What Happens if You Switch Attorneys During a Lawsuit Advance?