Guide · Updated
Changing or firing your lawyer
You can change lawyers. Here is what usually happens to the fee and your file, and how to switch without losing time.
Any time
Step 1: You can change lawyers
You can end your lawyer’s work on your case at any time, with or without a reason.
If your case is already in court, the judge may need to approve the change.
First
Step 2: Before you switch
Many problems start with poor contact. The Texas rule says this too3.
If you haven’t yet, write to your lawyer. Say what is wrong and what you want, such as a call back or a case update. Sometimes that fixes it. If it doesn’t, you can move on.
Watch your deadline
Switching takes time, and your deadline to file keeps running. Find out when it is before you switch. See your state’s deadline to file.
Money
Step 3: What happens to the fee
Changing lawyers doesn’t usually mean you pay two full fees. But the first lawyer may still be owed something. In Texas, a client can fire a lawyer “subject to liability for payment for the lawyer’s services”1.
With a contingency fee, the first lawyer is often paid for the fair value of the work they did, out of the final settlement. Courts call this “quantum meruit.”
Often the two lawyers split one fee between them. In Texas, lawyers in different firms can share a fee only if you agree in writing to who gets what share, before the arrangement starts4.
Read your fee agreement. It may say what you owe if you end it early. Ask the new lawyer how the first lawyer will be paid, and get the answer in writing. See also how contingency fees work.
Records
Step 4: Getting your file
When your lawyer stops working for you, they must take reasonable steps to protect you. In Texas this includes giving you notice, giving you time to find another lawyer, and handing over the papers and property you are entitled to1. They must also refund any fee paid in advance that they haven’t earned1.
If the firm is holding money for you, it must pay you what you are owed promptly and give you a full account if you ask. The Texas rule says this5.
Steps
Step 5: How to switch, step by step
- Find your new lawyer first.Meet them and sign their fee agreement before you end the old one, so there is no gap.
- Put it in writing.Send the old lawyer a short, polite letter or email saying they no longer represent you. Keep a copy.
- Ask for your file.In the same letter, ask them to send your file to you or to your new lawyer.
- Ask what they will claim.Ask the old lawyer to say in writing what fee or costs they will ask for.
- Tell the insurers.Your new lawyer usually tells the insurance companies who to deal with now.
Don’t sign a settlement or a release while you are between lawyers. For help picking the next lawyer, read checking a lawyer before you hire.
When you’re ready
Find an injury lawyer, on your terms
Search by city and type of case. Every firm’s facts show where they came from and when. We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Find a lawyer near youSources
Where the legal facts on this page come from
- Tex. Disciplinary R. Prof’l Conduct 1.16 (declining or terminating representation), with comments 4 and 9“(a) A lawyer shall decline to represent a client or, where representation has commenced, shall withdraw, except as stated in paragraph (c), from the representation of a client, if: … (3) the lawyer is discharged, with or without good cause. … (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a clients interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payments of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law only if such retention will not prejudice the client in the subject matter of the representation. Comment: … 4. A client has the power to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer’s services, and paragraph (a) of this Rule requires that the discharged lawyer withdraw. … 9. In every instance of withdrawal and even if the lawyer has been unfairly discharged by the client, a lawyer must take all reasonable steps to mitigate the consequences to the client. See paragraph (d). The lawyer may retain papers as security for a fee only to the extent permitted by law.”Read the source: Tex. Disciplinary R. Prof’l Conduct 1.16 (declining or terminating representation), with comments 4 and 9
- ABA Model Rule of Professional Conduct 1.4 (communications)Read the source: ABA Model Rule of Professional Conduct 1.4 (communications)
- Tex. Disciplinary R. Prof’l Conduct 1.03 (communication)“(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”Read the source: Tex. Disciplinary R. Prof’l Conduct 1.03 (communication)
- Tex. Disciplinary R. Prof’l Conduct 1.04(f) (dividing a fee between lawyers in different firms)“(f) A division or arrangement for division of a fee between lawyers who are not in the same firm may be made only if: (1) the division is: (i) in proportion to the professional services performed by each lawyer; or (ii) made between lawyers who assume joint responsibility for the representation; and (2) the client consents in writing to the terms of the arrangement prior to the time of the association or referral proposed, including (i) the identity of all lawyers or law firms who will participate in the fee-sharing arrangement, and (ii) whether fees will be divided based on the proportion of services performed or by lawyers agreeing to assume joint responsibility for the representation, and (iii) the share of the fee that each lawyer or law firm will receive or, if the division is based on the proportion of services performed, the basis on which the division will be made; and (3) the aggregate fee does not violate paragraph (a).”Read the source: Tex. Disciplinary R. Prof’l Conduct 1.04(f) (dividing a fee between lawyers in different firms)
- Tex. Disciplinary R. Prof’l Conduct 1.15 (safekeeping property)“(a) A lawyer shall hold funds and other property belonging in whole or in part to clients or third persons that are in a lawyer’s possession in connection with a representation separate from the lawyer’s own property. Such funds shall be kept in a separate account, designated as a trust or escrow account, maintained in the state where the lawyers office is situated, or elsewhere with the consent of the client or third person. … (b) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.”Read the source: Tex. Disciplinary R. Prof’l Conduct 1.15 (safekeeping property)
This is general information, not legal advice.