“Time is of the essence,” “time waits for no man,” “a stitch in time saves nine,” and many more expressions try to show us that it’s important to be proactive; to not waste time. Time is a critical ingredient in lemon law cases. It is one of the motivating factors behind every case; getting the claim submitted within certain state timelines. Then the attorney follows a process that builds on itself, over time, to lead to the client winning compensation for their faulty vehicle.
Progress may not always go exactly as you wish. Or maybe you don’t see eye to eye with your lawyer and need a change. That can happen; occasionally things don’t seem right, and you think it would be better to move on. You certainly can switch lemon law attorneys mid-case.
How to Switch Lemon Law Attorneys?
Notify Your Current Attorney: Send a formal letter or email stating your intent to terminate their services. Request your case file, which your new attorney will need.
Find a New Attorney: Get started on this before you notify your present attorney. Research lawyers with lemon law experience. Consult with them to confirm they’re a good fit for your case.
Work Finalization: This includes any outstanding tasks which your present attorney will conclude before the switchover.
File a Substitution: Your new attorney will typically file a “substitution of counsel” form with the court, signed by you and them, to officially transfer representation.
These steps could take weeks or months, depending on your case’s complexity.
What are the Risks to Switching Attorneys Midstream?
If you’re looking for a speedy resolution to your case, changing lemon law attorneys can slow things down, as the new attorney will need to get up to speed. This may, in the end, be a relatively minor bump in the road. If you don’t get along with your first attorney, or have questions about their competence, it could be that the switch will turn out to benefit you.
For more information on arbitration and other frequently asked lemon law questions, click here.
How Do I Choose a Superior Lemon Law Lawyer?
While keeping to a timeline and following state and federal law avenues to pursue compensation (which are in various ways governed by timeframes), expertise and experience are at the core of a superior lemon law attorney choice.
Top Characteristics to Look For
1) Experience: Narrow your list to attorneys who have won many lemon law cases, especially in your state.
- Knowledge of the law: Check their website to discern if they demonstrate leadership on lemon law issues. Gauge their ability to use the law to help clients receive maximum compensation.
Part of this set of skills should include high-level abilities in understanding what a substantial defect is and extensive warranty knowledge. These capabilities help the attorney determine if your vehicle can qualify as a lemon in your state.
- Aggressive protection of clients’ rights: Explore how the attorney puts clients’ rights first. Have them discuss with you (in general) how they have kept manufacturers from trying to evade lemon law claims?
Find out the type of evidence they gather to help bolster your claim. See if they call in expert witnesses and use that testimony to help prove a vehicle’s defect. Also, look into what they have done should a manufacturer delay providing compensation, even if the client wins their case.
- Well-developed negotiation skills: Ask the attorneys you’re interviewing to provide examples of how they negotiated settlements. Since most lemon law cases settle out of court, an attorney who is skilled at negotiation will be a great asset.
Explore the Attorney’s Experience Handling Cases Like Yours
A pertinent question to ask all the attorneys you interview is what experience they have handling cases similar to yours. While most lemon law cases follow a core process, that is proving that a substantial defect affects the use, value or safety of the vehicle, each case has its own distinctive circumstances. Maybe you’re having unusual engine problems, or there is a unique software glitch causing safety issues. Even if the attorney has not handled your exact type of case, it is likely they have handled similar cases. Have them describe their course of action leading to winning compensation for the client?
Important tip: Interview several attorneys and ensure you are confident about their capabilities.
Think you have a lemon, click here to fill out a 30 second form.
Check Online and Offline Ratings and Recommendations
Choosing a lemon law attorney is a big decision, and it’s pretty easy to check online reviews. Some people pick services by the number of positive ratings a company has. When choosing a lemon law attorney, it’s more important to actually read reviews because you’ll want to get a description of what the attorney achieved for the client.
You might want to also ask friends, family, and neighbors, too. Gather facts about their experiences and follow up on the attorneys that sound suited to your case.
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Read the Attorney’s Website Content
It can pay to browse an attorney’s blog and page content on their website to get a feel for their knowledge and professionalism. How authoritative are they with discussions on state lemon law, and updates to the law and new vehicle technology? Pay particular attention to the lead attorneys’ bios on the website to gauge their suitability for your case. Especially if you are switching attorneys, you will want to dig into this information before you interview them.
How an Experienced Lemon Law Attorney Can Benefit You?
One factor that can help you create a lemon law attorney shortlist is a lawyer’s experience using the Magnuson-Moss Warranty Act to help clients gain compensation. In addition to state law expertise, federal law knowledge using the Magnuson-Moss Warranty Act can provide the benefit you need to get maximum compensation. Sometimes the attorney uses this federal law when state laws fall short, or in addition to state law protections.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Talk to attorneys about how the federal law may be used in your case and note if they have used the Magnuson-Moss Warranty Act before, and how successful they have been in these types of cases.
Trust Allen Stewart, P.C. as Your Best Choice for Lemon Law Representation
Changing your attorney midway through your case is a decision that could delay progress with pursuing your claim. Taking care when initially choosing a lemon law attorney by employing some of the tips we’ve provided should help you avoid having to make a switch. If, even after your best due diligence, a change is needed, our tips can point you in the right direction towards a new lawyer.
Allen Stewart, P.C. offers extensive lemon law case experience. We’ve won many cases in Texas, New York, California and across the country. When you need an aggressive attorney who will stand up for you vs. manufacturers who try to evade or dismiss your claim, call us at 866-440-2460. You may also contact us online to schedule your free case evaluation.
Need a change or just starting your search for a top lemon law attorney? Contact us now. There is no upfront cost. Thanks to federal law, our clients pay nothing out of pocket, so contact us now for a free consultation.