Understanding the Problem

In North Carolina, can you end your relationship with a personal injury lawyer who is not communicating or not moving your case forward, where the key trigger is that you already hired the lawyer and you received what felt like a low settlement offer after a rear-end crash?

Apply the Law

Under North Carolina law, the attorney-client relationship is generally one you can end. In plain terms, you can choose to stop having a particular lawyer represent you and hire a different lawyer. The “how” matters, though: you want a clean handoff of your file, clarity about who is allowed to speak to the insurance company, and a plan for how fees and costs will be handled if you later recover money.

Even when you have the right to change lawyers, your prior lawyer may still have a right to be paid for work already performed (often evaluated under a fairness/value-of-services approach) and to be reimbursed for case expenses advanced, depending on your contract and what actually happened in the case. Also, if a lawsuit has already been filed, the court’s rules and scheduling deadlines can make timing more sensitive.

Key Requirements

• Clear termination in writing: Send a short written notice that you are ending the representation and that the lawyer should stop work and stop contacting insurers on your behalf.
• File transfer request: Ask for your complete file (including correspondence, pleadings if any, medical records obtained, bills, photos, and settlement communications) to be sent to you or your new lawyer.
• Confirm who communicates with the insurer: Until the insurer knows you changed lawyers, it may keep sending letters to the old lawyer or calling you directly.
• Address fees and costs: Ask for an itemized statement of any costs advanced and the basis for any claimed fee so you understand what may be asserted later.
• Protect deadlines: Make sure someone is actively tracking time limits to settle or file suit; switching lawyers should not cause you to miss a deadline.

What the Statutes Say

• N.C. Gen. Stat. § 84-28 (Attorney discipline; State Bar authority) - Establishes the State Bar’s authority to discipline lawyers for misconduct, which can include serious failures in professional duties.
• N.C. Gen. Stat. § 44-48 (Discharge of liens) - Provides a general statutory process for discharging certain liens; lien issues can arise in injury recoveries (often for medical providers), and lien handling is part of a proper case wrap-up.
• N.C. Gen. Stat. § 44-50.1 (Accounting of disbursements) - Requires certain accounting information when injury settlement proceeds are distributed to lienholders under North Carolina’s injury lien statutes.

Analysis

Apply the Rule to the Facts: You describe a rear-end crash with ongoing shoulder and elbow pain, and you already hired a lawyer but feel ignored and received a proposed low settlement from the at-fault driver’s insurer. Those facts fit the common situation where a client wants to change lawyers because communication and case progress are not meeting reasonable expectations. The key legal and practical steps are to end the relationship clearly, get your file, and make sure deadlines and insurer communications are covered so your claim does not stall further.

Process & Timing

1. Who files: Usually no one “files” anything to switch lawyers if your case is still in the insurance-claim stage. Where: You handle it directly with the law office; if a lawsuit is already pending, the change is handled in the court where the case is filed. What: A written termination notice and a written request for your complete file; if a lawsuit is pending, your new lawyer typically prepares a substitution/notice of appearance and any required motion to withdraw/appear. When: As soon as you decide—especially before any settlement is signed or any lawsuit deadline approaches.
2. Next step: Your new lawyer (or you) notifies the insurance adjuster in writing that representation has changed and that all communications should go to the new lawyer. This usually happens quickly, but timing can vary depending on how fast the file is transferred.
3. Final step: The new lawyer reviews what has been done (medical records, bills, liability evidence, prior demand/offer history), confirms the status of any liens or reimbursement claims, and sets a plan for negotiation or filing suit if needed.

Exceptions & Pitfalls

• You may still owe something to the prior lawyer: Even if you change lawyers for good reasons, the prior lawyer may claim a fee for work already performed and reimbursement of costs advanced, depending on the contract and the case history.
• Do not sign a settlement release “to get it over with”: Once you sign a release, your claim is usually over even if the amount feels low. Switching lawyers before signing can preserve your options.
• File delays can hurt negotiation leverage: If medical records, bills, or proof of lost time are not gathered and organized, the insurer may keep the offer low. A clean file transfer helps the new lawyer evaluate and move the claim.
• Communication gaps during the switch: If the insurer does not know you changed lawyers, it may keep sending time-sensitive letters to the old lawyer or contacting you. Written notice reduces confusion.
• Liens and reimbursements still must be handled: Medical-provider liens and other reimbursement claims can affect net recovery and must be addressed correctly when a case resolves, regardless of which lawyer finishes the case.

Conclusion

Yes—under North Carolina law, you can generally change personal injury lawyers if your current lawyer is not communicating or is not moving the case forward. The practical keys are to terminate the relationship in writing, get your complete file transferred, and make sure deadlines are protected while the insurer is notified of the change. Your next step is to send a written request for your file and written notice ending representation, then have your new lawyer confirm the claim’s filing deadline immediately.

Talk to a Personal Injury Attorney

If you’re dealing with a car accident claim and your current lawyer isn’t communicating or progressing the case, an experienced personal injury attorney can help you understand your options, protect deadlines, and manage a clean transition. Call [CONTACT NUMBER] to discuss next steps.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.