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(281) 587-1111
(281) 587-1111
(281) 587-1111
We frequently receive calls from personal injury victims asking, “Can I fire my personal injury attorney?” They are seeking to change attorneys for various reasons. About 99% of the time, the problem involves communication gaps in the attorney-client relationship.
Can I fire my personal injury lawyer and hire a new one?
Clients have the absolute right to fire their personal injury lawyer at any time. However, that does not mean that there are no consequences for doing so. You have an absolute right to seek new counsel for your case. However, you may end up owing your former attorney money for the work that they did on your case.
Because attorneys handle personal injury matters in Texas based upon a contingency fee arrangement, they have not been paid for their time and expenses. If an attorney has been fired without cause, they may seek the fee that they would have been entitled to otherwise.
There are several reasons why you may want to consider firing your personal injury lawyer. Some common reasons include:
Note, however, that in our opinion, firing your lawyer should be your action of last resort and only undertaken after open communications with the attorney about any issues.
Attorneys take personal injury cases on a contingency fee basis, meaning they are not paid for their time until the case ends.
And then only if they win the case or recover money for their client are they paid the percentage they contracted for. In the meantime, the attorney or law firm will have spent time on the case and incurred expenses out of their own pocket. The best approach is to ensure you hire the right lawyer first.
Hiring personal injury attorneys in Houston, TX, should involve research before you “sign up.”
If you fire your lawyer, they likely will seek to enforce an attorney lien on any settlement proceeds. This can complicate and delay your case.
Can you fire an accident attorney? Yes, but there may be consequences.
But when an accident victim fires their contingency fee lawyer, they may owe the lawyer money. If the lawyer is fired “for cause,” the client may not owe contingent fees if they collect through another lawyer or settle independently. However, the old lawyer may still claim the legal concept of quantum meruit.
If the attorney is fired for any reason other than cause, or if something is found not to be “for cause,” a fee may be due when money changes hands, even if the old lawyer was not responsible for the settlement. Thus, when working on a contingent fee basis, a personal injury law firm has some protection from financial loss if it is fired without a compelling reason.
On the other hand, defense attorneys are paid by the hour for each hour they spend on the file at a rate set between them and their clients. A 15-minute phone call – no problem, that’ll be 200 bucks. Send a letter with an update to the client- no problem, that’ll be another $300 – you get the idea.
The above example shows that if you fire a lawyer who worked on your case, they will have time and money in the matter. And with attorneys, time IS money.
When a personal injury victim calls our office seeking to change attorneys, our advice is always the same: sit down and discuss the matter candidly with your current attorney before taking any further action. The only exception to this advice is if their current attorney is not qualified for the specific case or has committed some act that justified firing, and the relationship is irreparable.
The State Bar of Texas indicates that clients may fire their attorneys at any time. However, this does not mean that the client will not owe the attorney, either under the fee agreement or based on the work the attorney did on the file.
If a client has a good reason or “just cause” for firing the attorney, the client would probably owe case expenses advanced by the attorney and still may owe for work done on the file on an hourly basis or a percentage of the contingency fee.
The just cause standard requires more than delayed phone calls, or your case taking longer than you expected.
In short, should the attorney “retain an interest” in the case they worked on for the client, by firing a lawyer, the client may ultimately end up owing that attorney for work done on the file at a minimum. Switching lawyers can also impact the progress of your case. The new attorney will need time to get up to speed on the case, which can result in delays.
Additionally, if the client hires another lawyer, they may be responsible for two sets of legal fees.
The biggest problem we frequently encounter when personal injury victims call our office seeking to change lawyers is that clients have not been fully informed about the potential duration of some personal injury claims. We recommend that you consult directly with your attorney, rather than a case manager, when considering changing lawyers.
One unintended consequence of “tort reform” is that an increasing number of lawsuits are required for cases with genuine legal merit.
While tort reform limited Texas families’ rights when making a personal injury claim, Texas did not address insurance reform and abusive claims-handling practices by insurance companies.
By failing to provide for insurance reform at the same time as tort reform, the Texas legislature ensures that insurance companies are dealing from a position of strength when attempting to dictate to Texas families who have been inadvertently injured through no fault of their own.
Consumers in Texas may want to contact their state representative and express their desire for insurance reform. This would require insurance carriers to spend a set percentage of dollars collected from Texas families on actual Texas claims.
Such reform ensures fair claims handling practices and reduces the insurance premiums for Texas consumers.
Lawyers who handle personal injury cases often lack control over insurance companies’ tactics, leading to significant frustration for personal injury victims.
Litigation and lawsuits require time and effort; sometimes, reasonable and quick settlements are impossible, regardless of who represents the victim.
If you decide to fire your personal injury lawyer, it’s essential to take steps to protect your interests. This includes:
Yes, in Texas, you can change attorneys at any time. However, you may end up paying the lawyer your fee under the contract you signed or based on the work done before they were fired.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
Baumgartner Law Firm is a Houston personal injury law firm headed by Greg Baumgartner.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Helping these areas around Houston
Houston, Sugar Land, Conroe, The Woodlands, Cypress, Spring, Humble, Katy, Atascocita, Kingwood, and Tomball.
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