Can You Fire Your Personal Injury Lawyer?
Hiring a personal injury lawyer is one of the most important decisions you can make after an accident. You put your trust in an attorney to guide you through the legal process, communicate with insurance companies, and help you pursue maximum compensation for your injuries. But what happens if you are unhappy with your attorney’s work? Can you fire your personal injury lawyer and find a new one?
The short answer is yes, you generally have the right to fire your personal injury lawyer at any time. However, before you make this decision, it’s important to understand the legal, financial, and practical consequences that may follow.
This article will walk you through everything you need to know about firing a personal injury lawyer in Texas—including your rights as a client, the process of changing lawyers, potential costs, and how to choose the right replacement attorney.
Do You Have the Right to Fire Your Lawyer?
Yes. As the client, you are in control of your personal injury claim. Texas law gives you the right to end your attorney-client relationship if you are not satisfied. The attorney works for you—not the other way around.
That said, while you can fire your lawyer at any time, doing so in the middle of a case can create complications, such as delays in your case or disputes over attorney fees. That’s why it’s best to understand the full picture before making this decision.
Common Reasons Clients Fire Their Personal Injury Lawyer
Not every attorney-client relationship works out as expected. Some common reasons people decide to change lawyers include:
Poor Communication – If your lawyer doesn’t return calls, answer emails, or keep you updated, you may feel ignored or undervalued.
Lack of Experience – Some lawyers may not have the trial or negotiation experience needed for complex injury cases.
Unrealistic Promises – Ethical attorneys should never guarantee outcomes. If you feel misled by unrealistic expectations, that can be a red flag.
Conflict of Interest – If your lawyer seems to prioritize other clients, cases, or relationships over your case, trust can quickly erode.
Disagreements Over Strategy – Sometimes clients and lawyers simply don’t see eye to eye on how a case should be handled.
Delays or Inactivity – If your case seems to stall without explanation, it may be time to reassess representation.
How to Fire Your Personal Injury Lawyer
If you’ve made the decision to terminate your attorney-client relationship, here are the steps to take:
1. Review Your Contract
Most personal injury lawyers in Texas work on a contingency fee basis, meaning they only get paid if you win or settle your case. The contract may include details about what happens if you switch lawyers, such as fee-sharing arrangements.
2. Put It in Writing
A termination letter should be prepared and sent to your lawyer, stating clearly that you are ending the relationship. Keep your wording professional and direct.
3. Hire a New Lawyer Quickly
It’s best not to wait. If you already have a new attorney lined up, they can handle notifying your previous lawyer, retrieving your case file, and ensuring a smooth transition.
4. Request Your Case File
You have the right to your documents and evidence. Your old attorney is required to release your file to you or your new attorney.
What Happens to Attorney Fees When You Switch Lawyers?
One of the biggest concerns clients have is “Do I have to pay both lawyers?”
Here’s how it typically works in Texas:
Fee Splitting: If you fire one lawyer and hire another, the lawyers may work out a fee-sharing agreement from the same contingency fee percentage you originally agreed to. You don’t pay double.
Quantum Meruit Claims: If your former lawyer did significant work, they may file a claim for compensation based on the value of their services. This usually comes out of the contingency fee, not your pocket.
No Win, No Fee: Since personal injury lawyers work on contingency, you usually won’t owe your old lawyer money upfront when firing them.
Risks and Downsides of Firing Your Lawyer
While you have the right to change lawyers, it’s important to understand the potential risks:
Case Delays: It may take time for your new lawyer to get up to speed.
Court Approval Required in Some Cases: If your case is already in court, a judge may need to approve the withdrawal of your old attorney.
Fee Disputes: Your old lawyer may contest their share of fees, which could complicate the process.
Limited Time to File Claims: Texas has a strict statute of limitations for personal injury claims—generally two years from the date of the accident. Switching lawyers too late in the process can create problems.
When It’s Best to Stay with Your Lawyer
While dissatisfaction is valid, sometimes it’s best to stay with your attorney rather than switch. For example:
If your case is close to trial, changing lawyers could cause harmful delays.
If your lawyer has invested extensive time and resources, another lawyer may be hesitant to take over.
If issues are simply about communication, a conversation may resolve the problem.
Before firing your lawyer, consider discussing your concerns directly with them to see if improvements can be made.
How to Choose a New Personal Injury Lawyer
If you decide to hire a new attorney, make sure to choose carefully this time. Look for:
Experience in Personal Injury Law – Specifically with cases like yours (car accidents, slip and fall, truck accidents, etc.).
Clear Communication – You should feel comfortable asking questions and receiving timely updates.
Local Knowledge – A Carrollton-based lawyer understands Texas courts, judges, and insurance companies.
Personalized Service – You deserve an attorney who takes your case personally and treats you as more than just a file number.
Carrollton Injury Law: Putting the Personal Back in Personal Injury
At Carrollton Injury Law, we know how important trust and communication are in an attorney-client relationship. If you’re considering firing your lawyer because you feel unheard, overlooked, or uncertain about your case, know that you don’t have to settle for less.
Our team is dedicated to putting the personal back in personal injury law. We take time to listen, explain your options, and fight for the compensation you deserve after an accident.
If you’re ready to make a change, we can guide you through the process of switching lawyers smoothly and effectively.
Frequently Asked Questions About Firing Your Personal Injury Lawyer
Can I fire my personal injury lawyer at any time?
Yes. In Texas, you have the right to end your attorney-client relationship at any time, though it’s best to understand the consequences before doing so.
Will firing my lawyer delay my case?
It might. A new lawyer will need time to review your file, and if your case is already in court, a judge may need to approve the substitution.
Do I owe my old lawyer money if I fire them?
Not usually upfront. Your old lawyer may be entitled to part of the final contingency fee based on work completed, but this typically comes out of the settlement or award—not your pocket.
Can my old lawyer refuse to give me my case file?
No. Attorneys are required to provide your file upon termination so you can continue your case with a new lawyer.
What should I do before firing my lawyer?
Review your contract, consult with a new attorney, and be sure you understand the potential impacts on your case.
Final Thoughts
Yes, you can fire your personal injury lawyer in Texas. But before making the decision, weigh the risks, review your contract, and contact another lawyer to ensure you’re making the right move.
If you feel your case isn’t being handled with the care and communication you deserve, you have the right to make a change.
At Carrollton Injury Law, we are committed to providing the personalized attention clients often miss when working with other firms. You don’t have to feel stuck—you can take control of your case and your future.
