Can You Change Lawyers in the Middle of a Class Action Lawsuit? What Class Members Need to Know

Many people who join a class action lawsuit wonder if they can pick a different lawyer partway through. In a regular case, a client can usually fire one attorney and hire another. A class action works differently because one lawyer or law firm often speaks for a large group of people.

In most class actions, a class member cannot simply replace the lawyer the court appointed for the group, but he or she can hire a personal attorney, object to how the case is handled, or opt out of the class and file a separate lawsuit. The court chooses class counsel and has the final say on who leads the case. This limits what one person can change alone.

Knowing these options can help a class member protect his or her rights and avoid missing key deadlines. The rules also differ for lead plaintiffs, who may have more say than other members.

Your Options Depend on Your Role in the Class Action

A named plaintiff usually has more freedom to change attorneys than an absent class member, whose lawyer is chosen by the judge. The timing also matters, because a judge gains more control over who represents the class once the case is certified.

Named Plaintiffs and Their Individual Attorneys

A named plaintiff, also called a class representative, is the person whose name appears on the lawsuit. This person signs a fee agreement with a law firm, which creates a direct attorney-client relationship.

Because of this, a named plaintiff can usually fire his or her lawyer and hire a new one. However, switching attorneys is not always simple. The new lawyer may need to file a notice of substitution or a motion asking the court to approve the change of counsel.

A named plaintiff should also keep in mind:

• The former lawyer may claim part of any future fee for work already done.
• The court may question whether the plaintiff is still an adequate class representative.
• A judge may deny a change late in the case if it would cause delay.

Absent Class Members and Court-Appointed Class Counsel

Most people in a class action are absent class members. They did not file the case, and they often learn about it through a notice in the mail or by email.

These members do not pick the lawyer for the class. Under Federal Rule of Civil Procedure 23(g), the judge appoints class counsel, and only the judge can remove that lawyer. An absent member cannot fire class counsel on his or her own.

An absent class member still has some choices:

A lawyer being located in another state is not a valid reason to seek a change. Many class action firms handle cases across the country.

Before Certification Versus After Certification

Timing affects how easily someone can change attorneys. Before certification, the case is mostly between the named plaintiffs and the defendant. The named plaintiffs have more control over their legal team, and changes face fewer limits.

After certification, the judge has formally approved the class and appointed class counsel. That lawyer now owes duties to the whole class, not just one person. Any change of counsel usually requires a court order, and the judge will consider what is best for all class members.

Once a settlement has been approved, changes become even harder. At that stage, the court mainly oversees how the settlement money is divided among class members who filed claims.

When the Court Must Approve a Change

A client who hires a private lawyer can often switch by filing a simple form. Class counsel is different, because only the judge can appoint or remove the lawyers who represent the whole class.

Replacing an Attorney of Record

An attorney of record is the lawyer listed in court papers for a party. To replace this lawyer, the new attorney usually files a substitution of counsel with the court.

Many courts use a standard substitution of attorney form. It is often signed by:

• The client
• The current lawyer
• The new lawyer

If the old lawyer will not sign, the client or new lawyer may need to file a motion to substitute counsel. A judge then decides whether to allow the change. Local court rules control which method applies.

In a class action, this process usually applies to a class member who hired a private lawyer. It can also apply to a named plaintiff’s personal lawyer who has not been appointed class counsel.

Replacing Court-Appointed Class Counsel

Under Federal Rule of Civil Procedure 23(g), the judge appoints class counsel when the class is certified. These lawyers have a duty to the entire class, not just one person.

Because of this, a single class member cannot fire class counsel. Only the judge can remove or replace them. A class member who is unhappy can:

A judge may replace class counsel for reasons like a conflict of interest or failure to represent the class well.

How Timing, Delay, and the Class’s Interests Affect Approval

Judges look closely at when a change is requested. A request made early in the case is more likely to be approved.

A request close to trial, a key hearing, or a settlement approval can be denied. Courts often deny changes that would cause major delay or seem meant to stall the case.

Judges also weigh the effect on the whole class. They may consider:

• Whether the new lawyer can take over without harming the case
• Whether the change would increase costs for class members
• Whether the current lawyer has unpaid fees or a claim on part of the recovery

After a settlement is approved, changing lawyers rarely changes how money is split among class members.

Steps for a Named Plaintiff Seeking New Counsel

A named plaintiff who wants a new lawyer should line up replacement counsel first, give proper notice to the current firm, and make sure the court approves the change. Because a class action affects many people, the court watches this process more closely than in a regular lawsuit.

Consult a Replacement Lawyer and Review the Current Agreement

The named plaintiff should meet with a new lawyer before firing the current one. This prevents a gap in representation, which can hurt the case and the class.

During the meeting, the plaintiff should bring the retainer agreement signed with the current firm. The new lawyer can review it for key terms, such as:

• Fee terms: Most class action firms work on contingency and may claim part of any future fee award.
• Cost repayment: The old firm may expect repayment for costs, such as expert fees.
• Termination rules: Some agreements require written notice to end the relationship.

The new lawyer should also have class action experience. A judge must decide that new counsel can fairly and adequately represent the class.

Notify Current Counsel and Arrange the Case File Transfer

Once a new lawyer agrees to take the case, the plaintiff should tell the current firm in writing. A short letter or email is enough. It should state that the firm is being replaced and name the new lawyer.

The letter should also ask the old firm to send the full case file to the new lawyer. This file often includes:

The client generally owns the file. The old firm usually cannot refuse to release it because of an unpaid fee dispute, though rules vary by state.

Complete the Required Filings and Confirm Who Handles Pending Deadlines

The court must be told about the change. In many courts, the plaintiff, the old lawyer, and the new lawyer all sign a substitution of attorney form. In California, for example, this is form MC-050.

If the old firm does not cooperate, it may need to file a motion to withdraw. Some courts accept a simpler notice of withdrawal when new counsel is already in place.

In a class action, extra steps often apply:

1. If the old firm was appointed as class counsel, the court must approve a new appointment.
2. The judge may deny the change if it would delay key dates, like a class certification hearing.

The plaintiff should confirm in writing which lawyer handles each upcoming deadline. Missed deadlines during the switch can lead to lost claims or court penalties.

Choices Available to an Absent Class Member

An absent class member cannot fire or replace class counsel, because the judge appoints and removes that lawyer. Still, the member can tell the court about problems, leave the class when the rules allow it, or hire a personal lawyer to protect individual interests.

Raise Concerns About Class Counsel With the Court

The judge has a duty to make sure class counsel treats the whole class fairly. Under Federal Rule of Civil Procedure 23, the court must find that the lawyer will “fairly and adequately represent” the class.

If a class member believes the lawyer is not doing that, the member can tell the court. Common ways to do this include:

• Filing a written objection to a proposed settlement or fee request
• Speaking at the fairness hearing before the judge approves a settlement
• Sending a letter to the court, if local rules allow it

Strong concerns are specific. For example, a member might point to missed deadlines, poor communication, or a settlement that favors the lead plaintiffs. The judge then decides whether any change is needed.

Opt Out When the Class Action Allows It

Some class actions let members leave the class. This is called opting out. It is most common in cases that seek money damages, known as Rule 23(b)(3) classes.

A member who opts out keeps the right to file a separate lawsuit. That person can then hire any lawyer he or she chooses.

Timing matters. The class notice lists a firm opt-out deadline. Missing it usually means the member stays in the class. Also, some classes, such as those seeking only court orders, may not allow opting out at all.

Consider Separate Counsel for Individual Interests

A class member can hire a personal lawyer while staying in the class. This lawyer does not replace class counsel. Instead, the lawyer advises the member on his or her own situation.

A personal lawyer can help with tasks such as:

1. Reviewing the settlement terms and claim forms
2. Deciding whether to opt out or object
3. Filing an objection or appearing in court for the member

Under Rule 23(c)(2)(B), a class member may enter an appearance through his or her own attorney. However, the member usually pays this lawyer out of pocket. Class counsel’s fees, by contrast, typically come from the class recovery and need court approval.

Reasons to Seek Different Representation

Class members and named plaintiffs usually look for new counsel when communication breaks down, when the lawyer’s strategy seems to work against them, or when a conflict of interest could weaken the case. Some of these problems can be fixed without replacing anyone.

Communication or Strategy Concerns

In a class action, the court appoints class counsel to represent the whole group. This means individual class members often get less direct contact than they would in a one-on-one case.

Named plaintiffs, however, should expect regular updates. Common concerns include:

• Calls or emails that go unanswered for weeks
• No explanation of major steps, such as motions or settlement talks
• Pressure to accept a settlement without a clear breakdown of the terms
• A strategy that seems to favor a fast payout over a fair result

A named plaintiff who disagrees with the lawyer’s approach may raise the issue with the court. Individual class members who are unhappy can hire their own attorney to enter an appearance, or they may choose to opt out if the deadline has not passed.

Conflicts That Could Compromise Adequate Representation

Federal Rule 23 requires class counsel and named plaintiffs to fairly and adequately protect the interests of the class. A conflict of interest can put this duty at risk.

Problems with client confidentiality can also be serious. If a lawyer shares private client details without permission, trust may be lost. A class member or objector can bring these issues to the judge, who has the power to replace class counsel.

Whether the Problem Can Be Resolved Without a Change

Switching lawyers in a class action can delay the case. The court must approve any change to class counsel, and a new firm needs time to review the record.

Before seeking a change, a client may try these steps:

1. Put concerns in writing and ask for a meeting with the lead attorney.
2. Request a clear plan that explains next steps and expected timelines.
3. Ask for a second opinion from an outside lawyer about the strategy.
4. File an objection with the court if the issue involves a proposed settlement.

If the lawyer responds and fixes the problem, staying with the current counsel may protect the case schedule. If the problem involves a real conflict of interest, a change is often the safer choice.