How Many Times Can You Change Lawyers?

The law puts no cap on it

No statute or court rule in these three states says you get one switch and no more. The right to change lawyers comes from a basic rule: the client is in charge of who represents them.

In California, Fracasse v. Brent holds that a client may discharge a lawyer at any time, with or without cause. In Texas, Hoover Slovacek LLP v. Walton says a client can fire a lawyer “for any reason or no reason at all.” In Washington, the Supreme Court said in Karstetter v. King County Corrections Guild that RPC 1.16 protects a client’s right to end a lawyer relationship at any time, for any reason, and that the rule sets no requirements the client has to meet.

Those cases do not count. The right is the same the third time as the first.

What each change costs you

The legal answer is simple. The practical answer takes more thought, because every switch has costs that add up.

• Time. The file has to move, the new lawyer has to learn the case, and medical records may need to be ordered again. A few weeks per switch is common, and that time comes out of your filing deadline or your trial preparation.
• Fee claims. Each former lawyer can claim payment for the work they did, paid from the recovery.
• Costs. Each firm that advanced money for records, filing fees or experts will expect it back from the recovery. Two or three firms’ worth of costs can add up.
• Credibility with the other side. Insurers and defense lawyers notice when a plaintiff has had several lawyers. Some will test whether you will settle cheaply out of frustration.

None of that means you should stay with a lawyer who is not doing the work. It means each switch should have a good reason behind it.

How the fees work when there have been several lawyers

In California, a contingency lawyer you discharge is generally limited to the reasonable value of the work, paid only if you recover. When more than one former lawyer has a claim, Spires v. American Bus Lines holds that the claims are divided within one contingent fee, so the client does not pay twice. Washington follows the same reasonable-value rule for a lawyer discharged before the work is substantially done, under Ross v. Scannell.

Texas is the state where a string of switches can hurt. Under Mandell & Wright v. Thomas, a lawyer fired without good cause can claim the contract fee. With good cause, such as long delays or no communication, Rocha v. Ahmad limits the lawyer to the reasonable value of the work done. Every Texas lawyer you leave is a separate question about good cause, and our Texas-licensed attorneys, Joyce Ondich and John Efstathiou, look at each one before we take the case.

Our own promise does not change with the number of prior lawyers. Switching to us does not raise your fee. What any former lawyer is owed for their work comes out of our fee, not on top of it. The costs earlier firms advanced are normally repaid from the recovery, as on any case. If there is no recovery, you owe us no fees or costs.

At a glance: what a former lawyer can claim

This is a simplified view, and a fee contract that breaks state rules can change it. In California, a contingency contract that does not meet Business and Professions Code section 6147 can be voided at the client’s option, which leaves the lawyer with a reasonable fee. Texas Rule 1.04(d) and Washington RPC 1.5(c) both require contingent fee agreements to be in writing. When you have had several lawyers, gather every fee agreement you signed. Your new lawyer will want to see them all.

Changing lawyers when a lawsuit is on file

If your case is in court, each change has to be recorded with the court and the other side.

• California: the change is made by a filed consent, usually form MC-050, or by court order under CCP § 284. CCP § 285 requires written notice of the change to the other side, which must keep dealing with the former lawyer until it gets that notice.
• Texas: under Rule of Civil Procedure 10, when a new lawyer is named, the motion must state that you approve the substitution and that it is not sought only for delay.
• Washington: under Civil Rule 71(d), the old and new lawyers can file a Notice of Withdrawal and Substitution signed by both.

Courts do not limit how many times you change lawyers, but they do not have to move your trial date for it either. A judge who sees the third substitution in a year may be less willing to grant more time. The closer you are to trial, the more each change costs. Our page on firing a lawyer before trial covers that in more detail.

Why a new lawyer will ask about the ones before

If you call us after two or three lawyers, we will ask what happened with each. We are not judging you. We need to know whether the problems came from how the case was handled or from the case itself.

Some problems follow the case no matter who has it: a disputed police report, a defendant with a small policy, a gap in treatment, a pre-existing injury. If several lawyers have told you the same thing about the value of your case, it is worth asking whether that advice was right before you switch again. Other problems belong to the lawyer: calls that go unreturned for months, no demand sent, deadlines nearly missed. Those are good reasons to move on, and they also matter for fees in Texas.

A quick self-check can help you sort it out. Our page on signs you need a new lawyer has one.

Before you switch again

1. Write down the specific problem: unreturned calls, no updates, an offer you were pressured to take.
2. Raise it with the lawyer in writing and ask for a call or meeting. Many problems get fixed this way.
3. Ask for a status update in writing that covers what has been done and what comes next.
4. If nothing changes, get a free second opinion before you send a termination letter.
5. Once you decide, let the new lawyer handle the transfer so the case does not sit.

There is one hard stop. If you signed a settlement release and the case is settled, a new lawyer cannot reopen it, no matter how many times you switch; the release generally ends the claim.

We review cases from people on their second or third lawyer in English or Spanish, and we tell you honestly whether we can help. Start with our guide to switching lawyers or contact us at (310) 552-6959, 24/7.

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)
3. Karstetter v. King County Corr. Guild, 193 Wn.2d 672 (2019)
4. Spires v. American Bus Lines (1984) 158 Cal.App.3d 211
5. Ross v. Scannell, 97 Wn.2d 598 (1982)
6. Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969)
7. Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App.—San Antonio 1984)
8. Judicial Council Form MC-050, Substitution of Attorney—Civil
9. Cal. Code Civ. Proc. § 284
10. Cal. Code Civ. Proc. § 285
11. Texas Rules of Civil Procedure (Rule 10)
12. Washington Superior Court Civil Rule 71
13. Barr v. Day, 124 Wn.2d 318 (1994)
14. Cal. Bus. & Prof. Code § 6147
15. Texas Disciplinary Rules of Professional Conduct, Rule 1.04
16. Washington RPC 1.5