Can I fire my personal injury lawyer?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Do I have the right to fire my personal injury lawyer?

Yes. The California Supreme Court held in Fracasse v. Brent that a client has both the power and the right to discharge a lawyer at any time, with or without cause. The ethics rules in all three states require a lawyer who has been discharged to withdraw from the case.

The leading California case is Fracasse v. Brent (1972) 6 Cal.3d 784. The court explained that the relationship between lawyer and client depends on trust, so a client must be free to end it. The ethics rules back that up:

• California: a lawyer shall withdraw if the client discharges the lawyer (Cal. Rule of Professional Conduct 1.16(a)(4)).
• Texas: a lawyer shall withdraw if the lawyer is discharged, with or without good cause (Tex. Disciplinary Rule 1.16(a)(3), numbered 1.15 before the Texas Supreme Court’s 2024 renumbering).
• Washington: a lawyer shall withdraw if the lawyer is discharged (Wash. RPC 1.16(a)(3)).

You do not need to give a reason. If your case is already in court, the change has to be filed with the court, which is covered below.

Will I still owe my first lawyer a fee?

Probably, but how much depends on the state. In California and Washington, a discharged contingency lawyer is generally limited to the reasonable value of the work done, paid only if the case recovers money. Texas is different: a lawyer fired without good cause may be able to recover the full contract fee.

California. Under Fracasse, a lawyer discharged with or without cause can recover only the reasonable value of services rendered up to the discharge, often called quantum meruit. That claim does not come due until the case actually recovers by settlement or judgment. If there is no recovery, the first lawyer gets nothing.

Washington. In Ross v. Scannell (1982) 97 Wn.2d 598, the Washington Supreme Court held that a lawyer who did not complete the contingency could not recover on the contract and had to seek fees in quantum meruit for the work actually done.

Texas. In Mandell & Wright v. Thomas (Tex. 1969) 441 S.W.2d 841, the Texas Supreme Court held that when a client discharges a lawyer without good cause before the work is finished, the lawyer may recover on the contract. That can mean the full agreed percentage. If you are thinking about changing lawyers on a Texas case, talk with the new lawyer about this risk before you send the termination letter.

How does the first lawyer’s fee get paid?

In most switches, the first lawyer gives notice of a lien or fee claim, and that claim is resolved when the case settles. Often the two lawyers agree to split one fee, so the client does not pay two full percentages. Get the new lawyer to put in writing how the old lawyer’s claim will be handled.

The first lawyer usually also asks to be repaid for case costs they advanced, such as records fees or filing fees. Those costs are typically reimbursed from the recovery, the same way they would have been if that lawyer had stayed on.

Questions to ask the new lawyer:

• Will the old lawyer’s fee come out of your fee, or on top of it?
• Who will negotiate with the old lawyer if they ask for too much?
• How will the old lawyer’s advanced costs be repaid?

For background on how fees and costs work, see how much a personal injury lawyer costs.

Does my old lawyer have to give me my file?

Yes. In California, a lawyer must promptly release all client materials and property when the client asks, whether or not the client has paid. Texas and Washington require a departing lawyer to surrender papers and property the client is entitled to, though a lawyer may keep some papers where other law allows.

California’s rule is specific. On termination for any reason, the lawyer must promptly release at the client’s request all client materials and property, which includes correspondence, pleadings, deposition transcripts, expert reports, exhibits and physical evidence, in paper or electronic form, “whether the client has paid for them or not” (Cal. Rule of Professional Conduct 1.16(e)(1)).

Texas Rule 1.16(d) and Washington RPC 1.16(d) require a lawyer to take reasonable steps to protect the client’s interests on termination, including giving reasonable notice, allowing time to hire another lawyer and surrendering papers and property the client is entitled to. Both allow a lawyer to keep papers only to the extent other law permits, and the Texas rule adds that keeping them must not prejudice the client’s case.

In practice, your new lawyer will usually send the request for the file along with the substitution paperwork.

How do I switch personal injury lawyers?

Talk with the new lawyer first. Once you sign with them, they usually send the old lawyer a letter ending the representation and asking for the file. If a lawsuit has been filed, a substitution of attorney must be filed with the court. Keep track of your deadlines while the change happens.

1. Meet the new lawyer before you fire the old one. That way there is no gap in representation, and nobody misses a deadline.
2. Bring your fee agreement and any letters you have. The new lawyer needs to see the old agreement to understand the fee claim.
3. Sign the new agreement. Make sure it addresses the old lawyer’s fee and costs.
4. Send written notice. The new lawyer usually prepares a letter ending the old representation and requesting the complete file.
5. File the substitution if you are in court. In California, the change is made with a Substitution of Attorney, form MC-050 (California Courts self-help).
6. Tell the insurance companies. The new lawyer will send letters of representation so adjusters stop calling you directly.

Do not sign anything from an insurance company while the switch is in progress, and do not let the statute of limitations run out while you decide.

When is it worth changing lawyers?

Common reasons people switch include calls and emails that go unanswered for weeks, no updates on the case, pressure to accept a low offer without an explanation, or a lawyer who does not try cases. Switching tends to be easier early in a case than shortly before trial, when the new lawyer has little time.

Before you switch, it can help to ask your current lawyer for a meeting and a plain status report: what has been done, what is left, what the offers are and what the next deadline is. Some problems are fixable with a direct conversation.

If the problems continue, get a second opinion. Many firms, including ours, will review your situation for free and tell you honestly whether a change makes sense. Our pages on how to choose a personal injury lawyer and what a personal injury lawyer does explain what you should expect.

To talk with our Los Angeles personal injury lawyers about changing representation, call (310) 552-6959.

Common questions

Related pages

How much does a car accident lawyer cost? · What percentage do accident lawyers take? · Should I accept the first settlement offer? · What happens if you reject a settlement offer? · How lawyers calculate settlement value

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 8, 2026.