Can You Fire Your Personal Injury Lawyer in Texas?

Yes, you can fire your personal injury lawyer in Texas at any time. This is your legal right as a client. However, there are important financial and legal considerations you should understand before making this decision.

If you’re unhappy with your current representation, this guide will help you navigate the process, protect your rights, and understand the potential consequences of switching personal injury attorneys mid-case.

Your Right to Switch Lawyers in Texas Explained

In Texas, the attorney-client relationship is governed by clear principles that protect your freedom to choose your legal representation.

The State Bar of Texas Professional Ethics Committee has established that clients have the absolute right to discharge their attorney at any time, with or without cause.

This right stems from the fundamental nature of the attorney-client relationship, which is built on trust and confidence. When that trust breaks down, you have options.

⚖️ Legal Foundation: The Texas Disciplinary Rules of Professional Conduct (specifically Rule 1.15) outline an attorney’s obligations when terminated and requirements for protecting client interests during transitions.

Review Your Contingency Fee Contract First

Before taking action, carefully review the contingency fee agreement you signed with your current attorney.

What Is a Contingency Fee Agreement?

Most personal injury attorneys in Texas work on a contingency fee basis, meaning they only get paid if you win your case. Typically, these agreements specify that the lawyer will receive a percentage (usually 33-40%) of your settlement or court award.

Important terms to understand:

Term	Definition	Why It Matters
Quantum Meruit	Latin for “what one has earned”	This legal principle allows your former attorney to claim reasonable compensation for work already performed
Attorney Lien	A security interest in your settlement	Your fired attorney may place a lien on your eventual recovery to ensure payment for services rendered
Termination Clause	Contract section covering early termination	Details specific financial obligations if you terminate the relationship early
Just Cause	Valid reasons for termination	May affect how much you owe your former attorney

Most contingency contracts in Texas include provisions addressing early termination. These clauses typically state that even if you fire your lawyer, they’ll still retain an interest in your eventual settlement proportionate to the work they’ve completed.

What Is Considered Just Cause for Termination?

While you can fire your lawyer without cause in Texas, having “just cause” may affect the amount you’ll owe them afterward. Consider documenting any of these common issues:

• Lack of communication – Unreturned calls or emails for extended periods
• Missed deadlines or hearings – Failing to file documents on time or appear in court
• Incompetence or legal errors – Making mistakes that harm your case
• Disrespect or breach of trust – Acting against your interests or being rude/unprofessional
• Ignoring client instructions – Proceeding against your explicit directions on important matters

📝 Documentation Tip: Keep a detailed log of all communication issues, including dates, times, and the nature of each problem. This evidence may prove valuable if fees are disputed later.

How to Properly Fire Your Lawyer

If you’ve decided to terminate your attorney’s services, follow these steps to protect yourself and your case:

1. Review Your Contract Thoroughly

Understand all termination provisions before proceeding.

2. Document Your Concerns

Create a timeline of issues, including:

• Dates of missed calls/emails
• Copies of any misleading communications
• Notes from concerning conversations
• Missed deadlines or court dates

3. Draft a Formal Termination Letter

Your termination letter should:

• Clearly state you’re terminating the attorney-client relationship
• Provide a specific end date
• Request your complete case file
• Ask for an itemized list of expenses to date
• Be sent via certified mail with return receipt

Sample Termination Letter Template:

[Your Name]
[Your Address]
[City, TX ZIP]

[Date]

[Attorney Name]
[Law Firm Name]
[Firm Address]
[City, TX ZIP]

Re: Termination of Attorney-Client Relationship
Case No.: [If applicable]

Dear [Attorney Name],

This letter serves as formal notice that I am terminating your representation in my personal injury case effective immediately.

Please cease all work on my case and prepare a complete copy of my file for transfer. Within 10 days, please provide:
1. All documents related to my case (both received and created)
2. A detailed accounting of all expenses incurred to date
3. A list of all upcoming deadlines, hearings, or statutes of limitation
4. Any other pertinent information related to my case

Please contact me at [phone] or [email] to arrange the transfer of these materials.

Sincerely,

[Your Signature]
[Your Printed Name]

4. Request Your Complete Case File

You are legally entitled to your entire case file. Request:

• All correspondence
• Medical records
• Insurance communications
• Evidence and photographs
• Pleadings and motions
• Investigation reports
• Expert witness information

5. Notify Relevant Parties

Once you’ve secured new representation, ensure your new attorney notifies:

• The court (if a lawsuit has been filed)
• Insurance companies
• The opposing counsel
• Medical providers with liens

What Happens to Attorney Fees and Expenses?

This is often the most contentious aspect of firing your personal injury lawyer in Texas.

Attorney Liens in Texas

Under Texas law, discharged attorneys can place liens against your future settlement. According to the Texas Property Code Section 70.001, attorneys have lien rights for services performed.

If you fired your attorney:

• With just cause: Your attorney may still be entitled to compensation based on quantum meruit (reasonable value of services rendered), but typically at a reduced rate.
• Without just cause: Your attorney may be entitled to the full contingency percentage on any eventual settlement, limited to the work they actually performed.

💡 Strategy Tip: Your new attorney can often help negotiate the division of fees with your former lawyer, potentially reducing what you’ll ultimately pay.

Should You Talk to Another Lawyer First?

Yes. Before firing your current attorney, consult with another Texas personal injury lawyer who might take your case. This provides several advantages:

1. You’ll get a second opinion on your case’s strength and handling
2. You’ll ensure continuity of representation
3. Your new lawyer can manage the transition professionally
4. You’ll avoid accidentally missing critical deadlines

Most reputable personal injury attorneys in North Texas offer free initial consultations to discuss your situation.

How Changing Lawyers Affects Your Case

Be prepared for some changes when switching attorneys:

• Short delays are common as your new lawyer reviews your case file
• Court may need to approve the attorney substitution if litigation has begun
• Settlement negotiations may pause during the transition

However, the statute of limitations and other critical deadlines remain unchanged. Your case must continue to move forward despite the change in representation.

Hypothetical Scenario: When Firing Your Lawyer Makes Sense

Case Example: Maria from Dallas hired a personal injury lawyer after a serious car accident on I-635. Six months into her case, her attorney rarely returned calls, missed a key filing deadline, and seemed unprepared during a crucial deposition. After documenting these issues, Maria consulted with a new attorney who helped her transition her case. The new lawyer successfully negotiated with her former attorney on fees and ultimately secured a settlement 40% higher than what was previously discussed.

Protecting Your Rights During the Transition

During the change in representation, take these steps to protect your interests:

• Make sure your new lawyer is aware of any approaching deadlines
• Get written confirmation of all important case dates
• Maintain copies of all communications with both attorneys
• Don’t sign any releases or settlements during the transition
• Avoid direct communication with insurance companies
• Continue medical treatment as prescribed
• Keep track of all case-related expenses

🚨 Warning Signs Your Personal Injury Lawyer Isn’t Working Out

Consider changing attorneys if you notice several of these red flags:

• Consistently fails to return calls within 48 hours
• Cannot clearly explain case strategy when asked
• Pressures you to accept a low settlement
• Misses court deadlines without explanation
• Seems unfamiliar with details of your case during discussions
• Handles the case entirely through paralegals with minimal attorney involvement
• Makes important decisions without consulting you
• Shows disrespect or impatience when you ask questions

Finding a Better Personal Injury Lawyer in North Texas

If you’re considering making a change, look for these qualities in your next attorney:

• Experience with similar cases to yours (car accidents, workplace injuries, etc.)
• Clear communication style that matches your preferences
• Resources to properly investigate and prepare your case
• Trial experience if your case might not settle
• Client testimonials from people with similar claims
• Transparent fee structure with no hidden costs
• Accessibility when you have questions or concerns

Conclusion

You deserve a lawyer who communicates effectively, respects you, and fights diligently for your case. While firing your personal injury attorney mid-case isn’t ideal, sometimes it’s necessary to protect your interests.

Remember that in Texas, you have the legal right to change representation at any time. By following the proper procedures and understanding the financial implications, you can make this transition while protecting your case and your right to fair compensation.

Don’t stay stuck with representation that isn’t working for you. The right personal injury lawyer can make a significant difference in both your case outcome and your peace of mind during this challenging time.

FAQs

Can I fire my personal injury lawyer after signing a contract?

Yes, you can fire your personal injury lawyer in Texas at any time, even after signing a contract. However, you should review your agreement carefully to understand potential financial obligations and liens.

Will I owe my fired lawyer money?

Possibly. If you terminate without just cause, your former attorney may be entitled to a portion of your eventual settlement based on the work performed. This is typically handled between your old and new attorneys once your case resolves.

What’s the best way to switch personal injury attorneys in Texas?

First, consult with a new attorney you trust. Then, send a written termination letter to your current lawyer, request your complete file, and have your new attorney handle the transition of representation with the court and other parties.

How do I know if I have just cause to fire my lawyer?

Just cause typically includes significant communication failures, missed deadlines, incompetence, ethical violations, or acting against your interests. Document all issues thoroughly if you believe you have just cause.

Can switching lawyers delay my case?

Some short delays are common during the transition, but an experienced new attorney will work to minimize disruptions. Critical deadlines like the statute of limitations remain unchanged regardless of who represents you.

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