Switching Lemon Law Attorneys in California: How to Do It Right
You can switch lemon law attorneys in California at almost any point in your claim, and your refund, replacement, or civil penalty rights stay with you, not with the firm. The State Bar of California says you can fire your lawyer at any time, although in some circumstances you need a judge’s permission. What matters is how you switch, because the deadlines under Song-Beverly and AB 1755 keep running while you decide.
TL;DR
- You may change lawyers before or after you file a lawsuit. If a case is in court, the change is made on a court form.
- Your file belongs to you. Ask for a copy and for an accounting of all money received.
- AB 1755 deadlines do not pause when you change counsel, so line up the new attorney before you end the old relationship.
- RV owners should confirm the new firm actually handles motorhomes, fifth wheels, and travel trailers.
- We offer free case reviews on contingency, so a second opinion costs you nothing.
Table of Contents
- Can I change my lemon law attorney after signing an agreement?
- How do I end the relationship and move my file?
- How do I change attorneys when a lawsuit is already filed?
- What happens to fees and costs when I switch?
- Which California deadlines keep running while I switch?
- What should RV owners check before switching?
- What records should I gather before moving my claim?
- Why the defense background matters when you switch
- Get a second opinion from our team
- FAQ
- Sources
Can I change my lemon law attorney after signing an agreement?
Yes. A signed fee agreement does not lock you in. The State Bar of California states that a client can end the relationship with a lawyer at any time. In certain circumstances you may need a judge’s permission, which is most likely once a lawsuit is pending.
The recovery belongs to you. Under California’s lemon law, known as the Song-Beverly Consumer Warranty Act, you may seek a repurchase or refund, a replacement vehicle, or a cash settlement. A willful violation by the manufacturer can add a civil penalty of up to two times actual damages. None of that depends on which firm you hire.
People usually start looking for a new attorney for a few common reasons:
- They have never spoken to an actual attorney, only to a case manager.
- The firm stopped returning calls for weeks.
- The firm told them an RV case was too complicated or not worth taking.
- They feel pushed toward a quick cash settlement instead of a repurchase.
If any of these sounds familiar, a second opinion is reasonable. You are entitled to a lawyer who explains your options and answers your questions.
How do I end the relationship and move my file?
Start by getting the new attorney lined up, then end the old relationship in writing. That order keeps your claim from sitting idle.
The State Bar advises clients to obtain a copy of their files and ask for an accounting of all money received. It also advises keeping every document and message exchanged with the attorney, including emails and texts.
Here is the sequence we recommend:
- Hold a free consultation with the new attorney and tell them where the claim stands.
- Send the current firm a short written notice that you are ending the representation and requesting your complete file.
- Ask for the accounting of any money the firm received on your behalf.
- Have the new attorney confirm in writing that they accept your case.
- If a lawsuit is on file, have the new attorney handle the court paperwork described below.
Keep the notice brief and factual. You do not owe the old firm a long explanation.
What does my old lawyer have to hand over?
The old firm has to release your materials promptly when you ask. A San Francisco Bar Association ethics opinion explains that under Rule 1.16(e)(1) of the California Rules of Professional Conduct, a lawyer must promptly release client materials and property at the client’s request. That includes correspondence, pleadings, deposition transcripts, experts’ reports, exhibits, and physical evidence.
The same opinion identifies agreement provisions that allow only a conditional return of the file as violating California’s ethical rules. In plain terms, a firm should not hold your file hostage over a disagreement.
In a lemon case, the file often holds the documents that win the claim. Those include repair orders, the purchase contract, warranty booklets, communications with the manufacturer, and any inspection reports. Make sure each one comes with you.
How do I change attorneys when a lawsuit is already filed?
When a case is in court, the change is made with a court form. The California Courts Self Help Guide explains that you fill out form MC-050, the Substitution of Attorney, then have the departing lawyer sign it and the new lawyer sign it. Copies go to the other parties, and the original is filed with the court. The guide lists no filing fee.
In practice, the new attorney usually prepares and files this paperwork. If the old lawyer will not sign, the process is different and may require a court order. This is one more reason to speak with the new attorney first.
Another point matters for negotiations. Until the other side receives notice of the change, the manufacturer’s counsel may keep dealing with your former lawyer. Your new attorney should send notice the day the substitution is signed so no settlement conversations happen behind your back.
On settlement, the California Lawyers Association notes that under Rule 1.2(a), a lawyer must abide by a client’s decision to settle. A provision giving a lawyer sole discretion to settle your case is void. You decide whether to accept an offer, and your attorney advises you.
What happens to fees and costs when I switch?
A new attorney will want to understand the fee picture before taking the case. Lemon law cases are normally handled on contingency, and the manufacturer is the one that pays statutory attorney fees when a claim succeeds. Our own practice works exactly that way: win or lose, our clients pay nothing out of pocket.
When you switch, ask these questions before signing anything:
- Did you pay the previous firm any money upfront, and was any of it unspent?
- Does the old agreement say anything about fees owed for work already done?
- Who pays to copy the file? The State Bar’s Ethics Hotliner has long recommended that fee agreements address copying costs if a client discharges the attorney and hires another.
Bring your old fee agreement to the new consultation. A new attorney can read it and explain how fees would be handled in your situation. Timing also affects how fees are recovered, which we cover in our guide on timing traps that change lemon law attorney fees.
Which California deadlines keep running while I switch?
All of them. Changing counsel does not stop the clock, so the safest approach is to avoid a gap between lawyers.
AB 1755 was signed on September 29, 2024. The Governor’s signing message noted that automakers that do not elect the new procedures remain subject to existing lemon law rules. That means the first question for any new attorney is whether your manufacturer has opted into the new process.
The key AB 1755 points, drawn from an RVIA fact sheet, are these:
- The law took effect January 1, 2025.
- It requires early mandatory mediation when a consumer files a civil action seeking restitution or replacement. Discovery is stayed during mediation except for limited disclosures.
- Since April 1, 2025, a consumer seeking civil penalties must give the manufacturer written notice at least 30 days beforehand, demanding restitution or replacement. The consumer must also keep the vehicle for at least 30 days after the manufacturer acknowledges receipt.
- Claims must be made within one year after the express warranty expires, and no later than six years after original delivery.
Mediation has its own clock. The American Arbitration Association explains that mediation under AB 1755 must occur within 150 days after the answer or other responsive pleading is filed, under Code of Civil Procedure Section 871.26.
If you want the details, we break these rules down in our AB 1755 lemon law deadline guide and in our explanation of how AB 1755 shortens the claim window. Our post on the AB 1755 one year rule and the civil penalty covers what the penalty requires.
Two practical tips follow from this. First, ask the old firm whether the pre-suit notice was already sent, and get a copy. Second, do not let a new attorney’s review period run past a looming deadline. Tell them the date of delivery and the date your warranty ends in your first call.
What should RV owners check before switching?
Check that the new firm routinely handles RV lemon law, not just cars. RVs involve different components and multiple warranties. A motorhome can carry a chassis warranty, a coach warranty, and separate warranties on appliances, slideouts, and roofs.
AB 1755 covers all RVs, according to the RVIA fact sheet, so the one year after warranty and six year outer limits apply whether you own a Class A, a fifth wheel, or a travel trailer. A firm that understands which warranty covers which defect can build a stronger repair history.
Some owners come to us after another firm said their case was too complex. That happens often with sidewall cracks near slideouts, repeated water intrusion, and electrical faults that no shop can pin down. Each repair order should name the defect, the date in, and the date out, because those records build the days-in-shop count.
If you own a motorhome, fifth wheel, or travel trailer, our pages on motorhome lemon law, fifth wheel lemon law, and travel trailer lemon law explain how each type is handled. Our guide to the repair attempt standard and the AB 1755 repair threshold show how repair counts and days out of service are measured.
What records should I gather before moving my claim?
Gather everything about the vehicle and everything about the old representation. The State Bar tells clients to keep all documents and correspondence with attorneys, including emails and text messages.
Use this checklist for the vehicle:
- The purchase or lease contract and any addenda.
- Every repair order, including those where the shop found no problem.
- Warranty booklets for the chassis, coach, and major components.
- Photos and videos of the defect.
- Notices or letters sent to the dealer or manufacturer.
- Recall notices and Technical Service Bulletins that match your defect.
- A log of days the vehicle sat in the shop.
And for the old representation:
- The signed fee agreement.
- Emails, texts, and letters with the firm.
- Any settlement offers and who sent them.
- Any accounting of money received.
Organize this into one folder, digital and paper. A new attorney who receives a clean set can evaluate your claim in a single sitting.
Why the defense background matters when you switch
Most clients who call us have already lost time. They waited months for a call back, or they were told their RV was not worth the trouble. We understand that frustration.
I spent 11 years as a defense attorney representing manufacturers and dealerships. I know how a manufacturer builds its file, which repair orders it leans on, and when it expects a consumer to give up. I also served as senior managing attorney at a large lemon law firm, so I know how high volume operations run.
When you hire us, you speak with your attorney, not a case manager. We work on contingency, so the manufacturer or dealer covers our fees when a case is won or settled. We focus on what you recover: a repurchase or refund, a replacement vehicle, or a cash settlement, plus a civil penalty of up to two times actual damages when a manufacturer willfully ignored its warranty. No attorney can promise an outcome, but we can promise to tell you the truth about your case.
Jeff Le Pere
Get a second opinion from our team
Our firm represents California owners of motorhomes, fifth wheels, travel trailers, cars, trucks, and SUVs in lemon law claims. We also handle auto dealer fraud, including vehicles sold as certified that were not. Every case runs on contingency, so a review costs you nothing.
If you are weighing a switch, send us your repair orders and your current agreement. We will tell you where the claim stands and which deadlines apply.
To begin, request a free case review on our home page. Owners of cars and trucks can read about our auto lemon law practice. Buyers misled about a certified vehicle can read about dealer fraud claims. This article is educational and is not legal advice.
FAQ
Can I fire my lemon law attorney in California?
Yes. The State Bar of California says a client can fire a lawyer at any time. In certain circumstances you may need a judge’s permission, especially if a lawsuit is pending. Talk to a new attorney first so the handoff is clean.
Do I get my file back if I switch lawyers?
Yes. Your papers and property belong to you. California Rule of Professional Conduct 1.16(e)(1) requires the former lawyer to promptly release client materials on request. Put the request in writing and ask for an accounting of money received.
Will switching attorneys delay my lemon law case?
It does not have to. The new attorney files a substitution form and notifies the manufacturer. Deadlines under AB 1755 keep running, so avoid any gap in representation. Share your warranty end date and delivery date at the first call.
Can an RV owner switch to a firm that handles RVs?
Yes. RV claims involve multiple warranties and different components, so choosing a firm with RV experience is reasonable. Bring your repair orders and warranty documents to the consultation.
Sources
- Consumer Protection Guidelines, The State Bar of California
- Remove or add an attorney to your case, California Courts Self Help Guide
- San Francisco Bar Association Legal Ethics Opinion 2023
- State Bar Ethics Hotliner, Summer 1994
- Ethics Spotlight: Settlement Authority, California Lawyers Association
- Assembly Journal, September 30, 2024
- California AB 1755 Fact Sheet, RVIA
- Lemon Law Disputes, American Arbitration Association