Can you switch lawyers after a Kenai jobsite electrocution when the LLC looks broke and court is already coming up?
“can i change lawyers in kenai after getting electrocuted by a live wire at a construction site if my case is stalled and the business is just an llc with no money”
— Mark Delaney
Yes, you can usually switch lawyers mid-case in Alaska, but the real fight is over your file, your fee agreement, and whether your old lawyer already did enough work to claim part of the recovery.
Yes, you can switch lawyers in Alaska
If your lawyer stopped returning calls, keeps saying the case is "under review," or acts like the fact that the business is an LLC means the whole thing is dead, you are not stuck.
You can fire your lawyer and hire a new one.
That part is simple.
The messy part is what happens next, especially if the injury was serious, court dates are near, and the defendant is one of those skinny little Alaska LLCs with almost nothing in its own name.
In Kenai, that matters more than people think. A live-wire electrocution on a construction site without lockout/tagout procedures is not some minor premises claim. It can involve the site contractor, the electrical subcontractor, the property owner, the equipment company, and whatever insurer is actually behind the LLC. If your lawyer has been treating it like a one-defendant case against "Bob's Commercial Properties LLC," that is a problem.
A stalled case is usually a warning sign, not bad luck
Here's what most people don't realize: when a lawyer goes quiet, it does not always mean nothing is happening.
But sometimes it absolutely means nothing is happening.
If the injury happened at a business in Kenai that operates through an LLC with minimal assets, your lawyer should have been digging immediately into who controlled the site, who hired the trades, who was responsible for power shutoff procedures, who owned the energized line, and what insurance policies were in play. The LLC itself may be nearly worthless. The insurance behind it may not be.
That is the whole game.
If a hearing is coming up at the Kenai courthouse and your current lawyer is still vague about defendants, insurance, or expert deadlines, switching may be the smartest move left.
What switching looks like in real life
Usually, your new lawyer sends a substitution notice if a lawsuit is already filed, or a notice of appearance if the case is still in the claim stage. Your old lawyer is supposed to turn over the file.
That file matters. A lot.
In a construction electrocution case, the useful stuff is often buried in boring records: incident reports, OSHA-related material, photos of the panel or wire run, subcontractor agreements, utility records, site safety plans, deposition transcripts, expert emails, and insurance correspondence. If the old lawyer has it, the new lawyer needs it fast.
This is where cases get ugly. Old lawyers sometimes drag their feet over the file when there is a fee dispute brewing. They may say the client still owes costs. They may argue they are entitled to keep parts of the file until that gets sorted out. Your new lawyer usually knows how to push that issue, but it can still burn time.
And time matters in Alaska.
Not just because of the statute of limitations. Because witnesses disappear to the Slope, to fishing season, to remote jobs. Because jobsite conditions in Kenai can change fast. Because by spring breakup, half the site may not even look the same as it did when the live wire hit you.
What happens to the retainer and fee
If you signed a contingency fee agreement, you probably did not pay the lawyer for all their time up front. So when people say "retainer," they often mean one of two things: either an advance for costs, or just the fee agreement itself.
Those are different.
If you paid money into a client trust account for costs, unused money should be returned. If it was already spent on filing fees, records, expert review, or depositions, that money is probably gone because it was used on the case.
The bigger fight is over the attorney fee.
In Alaska, when you switch contingency lawyers mid-case, the old lawyer does not usually get to keep controlling the case. But they may claim a lien or seek a share of the eventual fee based on the work they already performed. The new lawyer and old lawyer may split the fee, or the court may end up sorting it out if they cannot agree.
That fee dispute is between lawyers until it starts eating into your recovery.
So ask blunt questions:
- Is the old lawyer claiming a lien?
- Will the new lawyer handle the lien dispute?
- Will the total attorney fee come out of the normal contingency, or are you being set up to pay more because two lawyers are fighting?
If nobody gives you a straight answer, that's a bad sign.
The broke LLC issue is exactly why weak lawyering hurts
A minimal-asset LLC is not automatically the end of the case.
It just means the easy target may be useless.
A real investigation in a Kenai construction electrocution case looks at whether another contractor created the hazard, whether a property owner retained enough control to be liable, whether a parent company blurred the lines with the LLC, whether there was a commercial general liability policy, an umbrella policy, or contractor coverage that reaches the loss, and whether workers' comp applies at all.
That last part matters because people get confused fast. If you were working on-site, one set of rules may apply. If you were there for another reason, another set. If a company starts muttering "exclusive remedy" to shut you up, your lawyer should be able to explain exactly why that does or does not apply.
If all you have gotten so far is silence, that's not strategy. That's drift.
If court is close, don't wait for courtesy calls
If your lawyer is commuting to court on the Kenai Spur Highway or heading toward a hearing and still has not answered basic questions, that upcoming court date is not a reason to stay. It may be the reason to move now.
Switching right before a deadline can cause delay, but Alaska judges generally care more about getting the case handled properly than forcing a client to stay with counsel they do not trust. The new lawyer may ask for a continuance. The judge may grant it, especially if the case involves serious injuries and incomplete preparation.
The insurance side sees this stuff too. Adjusters know when a file has gone stale. They know when plaintiff's counsel missed the thread on an LLC shell defendant. And yes, they use that. If the site was in Kenai and Alaska State Troopers responded on a highway-related access issue outside city limits, or if emergency responders documented the scene before power was shut down, those details can matter later. A lawyer who is asleep at the wheel can waste them.
If your shoulder, burns, nerve damage, or cardiac complications are real and the case still feels like it is sitting in a drawer, you do not owe your current lawyer endless patience.
Linda Bergstrom
on 2026-03-24
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
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