Already Have a Mesothelioma Lawyer? Get a Second Opinion.
Most mesothelioma patients hire the first attorney who returned their call – often before they understood that mesothelioma is a specialty practice. You have the right to change attorneys at any stage of your case. A second opinion from a specialist takes 20 minutes and costs nothing.
Six Questions to Ask About Your Current Representation
Ask your current attorney these questions. The answers tell you whether you have a mesothelioma specialist or a personal-injury generalist who happened to take an asbestos case.
1. How many trust fund claims have you filed on my case, and which trusts are they filed against?
Expected answer: A specific list, usually 5-12 trusts, named by trust. Warning sign: “We are focusing on the lawsuit first” or “We will look at trust funds later.” Trust funds should be filed in the first 30-60 days, not months in.
2. Which trusts have I NOT filed against and why?
Expected answer: Specific trusts ruled out with reasoning (“X trust requires direct employer documentation we do not have,” “Y trust pays under $5K and is not worth the filing time”). Warning sign: Cannot answer – meaning they filed whatever came to mind rather than systematically working the list.
3. What is the timeline for first trust fund payments, and what payments have I received to date?
Expected answer: Specific dates by trust. Most should pay within 60-90 days of filing. Warning sign: Months in with no trust fund payments AND no explanation about which trust is causing the delay.
4. Are you using your own asbestos exposure database, or relying on outside experts?
Expected answer: In-house database, often with thousands of cases’ worth of cross-referenced exposure data. Warning sign: Refers to outside expert witnesses for product identification (these experts are expensive, deducted from your recovery, and slower).
5. If I am a veteran: have you filed my VA disability claim in parallel?
Expected answer: Yes, filed or referred to a VA-accredited claims agent. VA benefits do not reduce or offset civil recovery. Warning sign: “We do not handle VA claims” without referral, or “VA will affect your lawsuit” (it will not).
6. What is your contingency fee, and what case expenses get deducted before vs after the fee is calculated?
Expected answer: 33-40% contingency, with a clear written breakdown of expense handling. Warning sign: Fee above 40%, OR expenses deducted from the gross BEFORE the fee is calculated (this inflates the effective fee by 5-10%).
How Switching Attorneys Actually Works
Most mesothelioma patients believe switching firms is complicated or risky. It is not. Here is how it actually works in plain English:
- You can change attorneys at any stage of your case. Trust fund applications, lawsuit pre-filing, lawsuit filed, even mid-trial. The right exists regardless of your retainer language.
- The new firm handles the transition paperwork. You sign a new representation agreement; the new firm sends a substitution-of-counsel notice to the old firm and any courts involved.
- Existing trust fund claims keep moving. They do not reset. The new firm receives the case file and continues from where it stood.
- You typically do not pay two fees. The old firm is entitled to recover their case expenses and a quantum-meruit share of the contingency (proportional to work completed). This comes out of the same total fee, not on top.
- No retaliation risk. Your former firm is professionally obligated to transfer the case file promptly. State bar rules enforce this.
Specifics on fee splits and quantum-meruit calculations vary by state. Ask any prospective new firm to explain how fee-sharing would work in your specific situation before you sign anything.
When to Stay With Your Current Firm
A second opinion can also confirm you are in good hands. Stay with your current firm if all of these are true:
- They can name your trust fund filings by trust.
- First trust fund payments arrived within 90-120 days of you signing.
- Mesothelioma cases are clearly a primary practice area, not a side practice.
- They use an in-house exposure database, not outside experts for product identification.
- Communication is responsive and they answer specific questions with specific answers.
- Contingency fee is 33-40% with clearly-itemized expense handling.
Get a No-Obligation Second Opinion
A 20-minute call with a mesothelioma patient advocate (10+ years experience), who connects you with a specialist attorney. They review what your current firm has filed, identify any trust funds being missed, and tell you honestly whether you should stay or switch. If your current firm is doing the work right, they will tell you so.