Can I Fire My Lawyer Before Settlement?

Your right to change lawyers before the case settles

A personal injury client can end the lawyer relationship at any point before the case resolves. California’s Supreme Court said so in Fracasse v. Brent, allowing discharge with or without cause. Texas reached the same place in Hoover Slovacek v. Walton, and Washington in Karstetter v. King County Corrections Guild. Once discharged, the lawyer must withdraw under each state’s version of rule 1.16.

Having that right does not mean every unhappy moment calls for using it. If the problem is a single disagreement, raise it in writing first and give your lawyer a chance to respond. If the problem is a pattern, or the trust is gone, switching before settlement is far easier than trying to fix things afterward.

What “before settlement” really means

People use the word settlement loosely, and the difference matters here. Your case is still open if an offer has been made but nobody has accepted it. It is usually still open if you are negotiating. It may already be settled if you, or your lawyer with your approval, accepted an offer in writing. It is almost always settled if you signed a release.

Ask your lawyer directly, in writing: has any offer been accepted, and has anything been signed on my behalf? The answer decides which page you need. If a release is signed, see firing a lawyer after settlement, and know up front that a signed release generally ends the claim and Beverly Law cannot take those cases.

If an offer is already on the table

An open offer stays attached to your case when you change lawyers. The insurer is dealing with your claim, not with a particular firm. The new lawyer can respond to the offer, make a counteroffer or ask for more time.

Timing is the main risk. Many offers come with an expiration date, and an insurer is not required to extend it. Line up your new firm before the deadline so it has time to review the file. If the deadline is only days away, tell the new firm right away so it can contact the insurer once it is retained.

Agreements made in a pending lawsuit can become binding quickly. In California, a settlement written and signed by the parties, or by their attorneys, can be enforced by the court under Code of Civil Procedure § 664.6. In Texas, Rule 11 enforces agreements about a pending suit that are in writing, signed and filed, or made in open court. Washington’s Civil Rule 2A works much the same way for disputed agreements. That is why you should never tell anyone “yes” to an offer while you are still deciding whether to switch.

How the old lawyer gets paid in each state

California

Fracasse limits a discharged contingency lawyer to the reasonable value of the work done, and that claim exists only if you recover. If more than one lawyer worked on the case, Spires v. American Bus Lines divides one contingency fee among them so the client does not pay twice. A former lawyer who wants to enforce a lien has to bring a separate action under Carroll v. Interstate Brands.

Texas

Texas looks at why you fired the lawyer. Without good cause, the lawyer can seek the contract fee under Mandell & Wright v. Thomas, with the limits on unconscionable fees from Hoover Slovacek. With good cause, such as long delays or poor communication, Rocha v. Ahmad limits the lawyer to the reasonable value of the work done. Firing a lawyer right before settlement to avoid the fee looks bad in any state and especially in Texas. Our Texas-licensed attorneys, Joyce Ondich and John Efstathiou, review the reason with you before we take a Texas case.

Washington

Under Ross v. Scannell, a lawyer discharged before substantially finishing the work gets the reasonable value of the services. Washington’s statutory attorney lien under RCW 60.40.010 is limited to the value of the services or the agreed amount.

Your fee when you switch to Beverly Law

The fear we hear most is paying two lawyers. With us, you won’t. Switching does not raise your fee, because anything your former lawyer earned is paid out of our fee and never added to your bill. Costs your old firm advanced, such as filing fees or expert charges, are normally repaid from the recovery, as they would be on any case. If there is no recovery, you owe us no fees and no costs.

No law guarantees that a client never pays two fees. This is how these disputes usually resolve, together with our own written promise. More on the math is on our page about whether you pay two lawyers when you switch.

Practical tips that protect the case

Do not fire your lawyer and then start looking. A gap with no lawyer can mean nobody is answering the insurer or watching the filing deadline. Sign with the new firm first and let it send the notice. Our step-by-step guide to switching lawyers covers the order of events.

Stop talking to the old firm about strategy once you have decided to leave, but stay polite. You may need their cooperation on the file. Do not contact the insurance adjuster yourself to explain the change; the new firm will do that.

Keep copies of what you have: your fee agreement, any offer letters, medical bills and insurance cards. They help the new firm get started while the full file is on its way. You can send them to us for a free review in English or Spanish. Your old lawyer must hand over the file on request in California under rule 1.16(e)(1), and Texas Ethics Opinion 570 says the file belongs to the client.

Sources

1. Fracasse v. Brent (1972) 6 Cal.3d 784 (scocal.stanford.edu)
2. Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006) (CourtListener)
3. Karstetter v. King County Corrections Guild, 193 Wn.2d 672 (2019) (courts.wa.gov, PDF)
4. Cal. Code Civ. Proc. § 664.6 (text read on california.public.law)
5. Texas Rules of Civil Procedure (Rules 10, 11 and 253) (txcourts.gov, PDF)
6. Wash. Superior Court Civil Rule 2A
7. Spires v. American Bus Lines (1984) 158 Cal.App.3d 211 (hallapproved.com)
8. Carroll v. Interstate Brands Corp. (2002) 99 Cal.App.4th 1168 (Justia)
9. Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969) (CourtListener)
10. Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App. San Antonio 1984) (CourtListener)
11. Ross v. Scannell, 97 Wn.2d 598 (1982) (CourtListener)
12. RCW 60.40.010
13. California Rules of Professional Conduct (State Bar of California, PDF)
14. Texas Professional Ethics Committee Opinion 570