How to Switch Personal Injury Lawyers in Texas

You can fire your lawyer in Texas, but the reason matters

The Texas Supreme Court said in Hoover Slovacek LLP v. Walton that a client may discharge a lawyer “for any reason or no reason at all.” So the right to switch is not in question. What changes from case to case is the money the old lawyer can claim afterward, and Texas handles that differently from California or Washington.

Fired without good cause. In Mandell & Wright v. Thomas the court allowed a contingency lawyer who was discharged without good cause to claim the fee set in the contract. Hoover Slovacek later put limits on that. Texas bars unconscionable fees, and the court held unconscionable a clause that made the client pay the full percentage fee, based on the claim’s value, immediately upon any discharge.

Fired with good cause. An appeals court in Rocha v. Ahmad held that a lawyer fired for good cause cannot collect the contract fee. The lawyer can seek only the reasonable value of the work done before the firing (lawyers call this quantum meruit), which can be far less than the contract fee. Good cause there meant the lawyer failed to act as an ordinary, skilled lawyer would. Long delays, poor communication and months with no work on the file were the kinds of problems the court described.

This is why we review the reason for switching first on every Texas case. It shapes how the old fee claim gets resolved.

Build a record before you switch

Because good cause matters in Texas, a paper trail helps you. Send your lawyer a dated email asking for a status update and a plan for the next step. Save every reply, or note that none came. Keep a simple log of calls and how long each one went unreturned.

If the main problem is communication, the State Bar of Texas runs a Client-Attorney Assistance Program (CAAP) at (800) 932-1900. CAAP tries to get lawyers and clients talking again. Sometimes that call alone fixes the problem, and if it doesn’t, you have more evidence of what went wrong.

See also our page on a lawyer who is not working on your case.

Changing lawyers when a Texas lawsuit is filed

If no suit has been filed, the new firm sends a letter of representation to the insurers and a notice to the old firm. No judge is involved.

Once a suit is filed, Rule 10 of the Texas Rules of Civil Procedure controls. A lawyer may withdraw only on a written motion showing good cause. When a new lawyer is stepping in, the motion has to give the substitute lawyer’s name, address, phone, email and State Bar number. It must also state that you approve the substitution and that it is not sought only for delay. The judge then signs an order.

Most of these motions are agreed and signed quickly. Texas judges do look closely when a trial setting is near, since a new lawyer may need more time.

If your trial date is close, read can I fire my lawyer before trial.

Getting your file in Texas

Texas ethics opinions treat the file as the client’s property. Opinion 570 says the file belongs to the client. Disciplinary Rule 1.16 requires a lawyer leaving a case to surrender papers and property the client is entitled to and refund any unearned advance fee.

Texas does not have a general statute that gives lawyers a lien for fees, according to Opinion 610. Lawyers can have a common-law “retaining lien” on papers in some situations. But Opinion 411 says a lawyer may not use it to hold back a file when doing so would foreseeably hurt the client’s case. An injury case with deadlines running is that kind of situation.

Our page on how to get your case file lists what a complete file should contain.

How the old lawyer gets paid

Texas Rule 1.04(d) requires a contingent fee agreement to be in writing and to explain how the fee is figured. Pull out your contract early. The percentage, the cost terms and any clause about what happens if you fire the lawyer will matter.

The old lawyer’s claim is usually settled between the two firms when the case resolves, using the good-cause rules above. You don’t have to argue over it yourself.

Our promise holds in Texas, whatever the old fee claim turns out to be. Moving to Beverly Law does not make your fee any higher. If your former lawyer is owed something, it comes out of our fee. Costs the first firm already spent on your case, like records or filing fees, are generally paid back from the recovery, as with costs on any case. If there is no recovery, you owe no fee and no costs.

More on the money side: do I pay two lawyers if I switch.

Texas fee dispute resources

If you and a former lawyer can’t agree on a fee, the State Bar’s page on resolving fee disagreements explains the options. When we take over a Texas case, our lawyers deal with the old firm’s claim for you.

Texas deadlines keep running

Switching lawyers does not extend any deadline. Most Texas injury suits must be filed within two years under Civil Practice and Remedies Code section 16.003. Claims against government units are tighter. Section 101.101 generally requires notice within six months, and it allows a city’s charter to keep its own notice period, which can be shorter. Tell us right away if a city bus, county truck or public property was involved.

We can’t help once a settlement release has been signed and the case is closed, because the release generally ends the claim. If nothing is signed yet, read can I fire my lawyer before settlement.

Who handles Texas cases at Beverly Law

Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Pick your case type to see what a new lawyer must catch up on:

• Switching car accident lawyers in Texas
• Changing 18-wheeler and truck accident lawyers in Texas
• Switching motorcycle accident lawyers in Texas
• Changing Uber or Lyft accident lawyers in Texas
• Switching slip and fall lawyers in Texas
• Changing dog bite lawyers in Texas
• Switching wrongful death lawyers in Texas

For a free second opinion in English or Spanish, call (310) 552-6959 or send us a message. See also our Texas injury practice.

Sources

1. Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006) (CourtListener)
2. Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969) (CourtListener)
3. Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App.—San Antonio 1984) (CourtListener)
4. State Bar of Texas, Client-Attorney Assistance Program (CAAP)
5. Texas Rules of Civil Procedure, Rule 10 (txcourts.gov)
6. Texas Professional Ethics Committee Opinion 570
7. Texas Disciplinary Rules of Professional Conduct, Rule 1.16 (legalethicstexas.com)
8. Texas Professional Ethics Committee Opinion 610
9. Texas Professional Ethics Committee Opinion 411
10. Texas Disciplinary Rules of Professional Conduct, Rule 1.04 Fees (legalethicstexas.com)
11. State Bar of Texas, Resolving Fee Disagreements
12. Tex. Civ. Prac. & Rem. Code § 16.003
13. Tex. Civ. Prac. & Rem. Code § 101.101