Quick Answer
Yes. In Nevada, clients generally have the right to change attorneys during a case, even if the case is already in litigation. When a client discharges a lawyer, the lawyer must withdraw, subject to complying with court rules and taking reasonable steps to protect the client’s interests. Nev. R. Prof. Conduct 1.16.
Switching lawyers does not erase deadlines, does not automatically eliminate fees owed for work already performed, and can create attorney lien issues that must be handled correctly at settlement. NRS 18.015.
This is educational information about Nevada law, not legal advice.
1) Nevada ethics rules, clients can discharge counsel, and lawyers must protect the client on exit
Nevada’s Rules of Professional Conduct address termination of representation.
A) Discharge and withdrawal
When a client discharges a lawyer, the lawyer must withdraw, subject to complying with applicable law and tribunal rules. Nev. R. Prof. Conduct 1.16.
B) Duties upon termination
When representation ends, the lawyer must take steps reasonably practicable to protect the client’s interests, including giving reasonable notice, allowing time for employment of other counsel, surrendering papers and property the client is entitled to, and refunding any advance payment of fee or expense that has not been earned or incurred. Nev. R. Prof. Conduct 1.16(d).
C) Fees must be reasonable, and communication duties continue
Nevada requires fees to be reasonable and requires lawyers to keep clients reasonably informed. Nev. R. Prof. Conduct 1.5; Nev. R. Prof. Conduct 1.4.
2) How switching lawyers works in real Nevada cases
Step 1: Make sure you do not miss deadlines during the transition
If your case is near a critical deadline, switching lawyers requires careful timing. In most Nevada personal injury cases, the statute of limitations is two years. NRS 11.190(4)(e).
Step 2: Choose new counsel, then coordinate the transition
A typical transition looks like this:
- You retain new counsel.
- New counsel coordinates substitution or appearance.
- Prior counsel withdraws or is substituted out under applicable court procedure.
- The file, records, and litigation calendar are transferred.
Step 3: Obtain your file
Nevada ethics rules require a lawyer to surrender papers and property the client is entitled to, subject to the duties in Nev. R. Prof. Conduct 1.16(d). Issues about what must be surrendered and in what form should be addressed directly and promptly.
3) What happens to the old lawyer’s fee if you switch lawyers?
This depends on your fee agreement and the stage of the case.
A) Hourly fee cases
If you hired the lawyer hourly, you typically owe for time reasonably spent and costs advanced, subject to reasonableness requirements. Nev. R. Prof. Conduct 1.5.
B) Contingency fee cases
If your case is on contingency and you switch lawyers, the prior lawyer may still claim an interest in fees for work performed, often resolved at the end of the case.
Nevada law provides for an attorney lien. NRS 18.015.
Nevada case law addresses attorney lien principles and how lien rights attach in appropriate circumstances. Argentena Consol. Mining Co. v. Jolley Urga Wirth Woodbury & Standish, 125 Nev. 527, 216 P.3d 779 (2009).
Practical takeaway: Switching lawyers does not automatically mean you pay two full contingency fees, but it can create lien and allocation issues that must be handled correctly at settlement. NRS 18.015.
4) Costs advanced by counsel, expenses are often separate from fees
Even in contingency matters, many agreements require the client to reimburse advanced costs (medical records, filing fees, experts, depositions). Whether and how those costs are handled is governed by the agreement and reasonableness requirements. Nev. R. Prof. Conduct 1.5.
5) Common reasons people switch lawyers, and what to do about each
A) Communication issues
If the concern is communication, ask for a status letter and calendar review first. Nevada lawyers have duties to communicate and keep clients informed. Nev. R. Prof. Conduct 1.4.
B) Strategy disagreements
Strategy disagreements do not automatically mean the lawyer is wrong, but you are entitled to consult new counsel.
C) Case stagnation or deadline risk
If you are close to the statute of limitations or other deadlines, switching lawyers must be done carefully and quickly. NRS 11.190(4)(e).
D) Breakdown in trust
If trust is gone, switching can be the right choice, but do it in a way that protects the case file, preserves evidence, and maintains the litigation calendar.
6) What you should do immediately if you are thinking about switching
- Write down all deadlines you know, including accident date and any court dates.
- Request a copy of your file and litigation calendar. Nev. R. Prof. Conduct 1.16(d).
- Get the fee agreement and any cost ledger from current counsel. Nev. R. Prof. Conduct 1.5.
- Preserve evidence and do not delete communications or records.
- Do not assume the insurance company will “pause” anything while you change lawyers.
Nevada legal authorities cited
- NRS 11.190(4)(e).
- NRS 18.015.
- Argentena Consol. Mining Co. v. Jolley Urga Wirth Woodbury & Standish, 125 Nev. 527, 216 P.3d 779 (2009).
- Nev. R. Prof. Conduct 1.4.
- Nev. R. Prof. Conduct 1.5.
- Nev. R. Prof. Conduct 1.16.
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com