Are you dissatisfied with your personal injury lawyer and wondering if you can fire them?
The answer is yes. You can dismiss your attorney at any time without stating a reason. As a client, you deserve to be satisfied with the legal services your attorney provides.
While you have the right to change attorneys, it’s important to understand that Texas case law specifies that there may be financial and contractual repercussions to exercising that right. Firing your Texas personal injury attorney is a big decision that can affect the outcome of your personal injury claim. You should do so only after careful consideration. If you decide you need to terminate your first lawyer’s services, you should do so with care to protect your rights and financial interests.
At Kraft & Associates, Attorneys at Law, P.C., our experienced and compassionate attorneys are available to assist you if you have had an unsatisfactory experience with another law firm. We offer a free consultation to discuss your case.
Your Right to Choose
You are entitled to terminate your client-attorney relationship with a personal injury lawyer if you feel dissatisfied with their handling of your case. Since most personal injury attorneys work on a contingency basis and get paid only if they win your case, the terms of ending the legal relationship can vary significantly.
You should feel confident and secure in your working relationship with your attorney. If you fire your personal injury lawyer for misconduct or failure to fulfill their professional duties, you may have no further financial obligation to the previous attorney. However, you can fire an attorney without giving a specific reason.
Depending on how the contingent fee agreement is structured, your old attorney may be entitled to a share of any legal fees your new personal injury attorney collects for winning your case. The fired attorneys may place an attorney’s lien on the compensation awarded in your personal injury case. It’s crucial to understand the potential financial effects before changing your legal representation.
Open Communication
We cannot overstate the importance of open communication between personal injury lawyers and clients. Lack of communication is a common complaint. Legal claims and lawsuits take time. While many aspects of the litigation process are beyond a lawyer’s control, maintaining communication with clients is essential.
The attorneys at Kraft & Associates, Attorneys at Law, P.C., prioritize keeping our clients informed about the progress of their cases and explaining the reasons why certain actions may take time to yield results. We pride ourselves on our commitment to open, transparent, and effective communication with them. That commitment means more than just regular updates. It also means ensuring that our clients understand each step of their case.
Considerations Before Firing
Before deciding to dismiss your personal injury lawyer, it’s important to evaluate several factors that could affect your legal situation, including:
- The impact on your case’s progress
- The process of finding new representation
- The financial consequences of changing attorneys
Each of these issues requires thoughtful consideration to help you fully protect your rights and interests throughout your case.
Impact on Your Case
Hiring a new lawyer means there will be a learning curve as they get up to speed with the details of your case. The move could briefly delay proceedings as your new legal representative reviews all previous work.
On the positive side, a new attorney might bring a fresh perspective that could prove advantageous. They may uncover new avenues to pursue your case, strengthening your position and invigorating your case.
Remember that your priority is effective legal counsel. If your current lawyer isn’t fulfilling this role satisfactorily, you should carefully weigh the potential benefits of hiring a new attorney against the need for continuity and momentum in your legal proceedings.
Finding New Legal Representation
When you’re contemplating replacing your current personal injury attorney, your choice of a new lawyer is of critical importance. Prioritize finding someone who has a proven track record in handling personal injury cases similar to your case. Experience in specific areas of personal injury law can make all the difference in the outcome of your case.
Assess the potential attorney’s communication style. You should feel comfortable with how the attorney responds to your questions and interacts with you. Regular updates and clear, understandable explanations are fundamental to building a trusting attorney-client relationship.
Look at client testimonials and reviews to gauge previous clients’ experiences. These insights can provide valuable information about the attorney’s effectiveness and client service.
Make sure the attorney’s office is conveniently located for you and that they are willing to meet with you in person to discuss your case.
Costs Involved
Before you make the decision to change lawyers, be sure you thoroughly understand the financial implications of doing so. Most personal injury lawyers work on a contingency basis. That means they receive a portion of your settlement or court award as their legal fee. If you decide to switch attorneys, the original contract with your first lawyer typically says that they are entitled to compensation for the time and resources they’ve invested in your case.
Before making a change, review your existing contract to understand any financial obligations you might incur. This might include reimbursement for expenses or a percentage of the legal fees based on the work done up to the point of termination. It’s important to discuss the financial arrangement with your new attorney to avoid any surprises.
The Firing Process
Prepare for the firing by documenting your experiences and the reasons for your dissatisfaction. This detailed record will justify your decision and help if any disputes arise.
To start the termination, write a letter to your attorney stating your intention to end the representation. You should outline the reasons for your decision and request the termination of any legal services moving forward. It’s best to send this letter by certified mail. An attorney who has been fired has an obligation to withdraw from the case, according to the Texas Rules of Civil Procedure.
Be sure to request a complete copy of your case file from the attorney. This file should include all documents, correspondence, and notes about your case. Obtaining this file will allow your new attorney to gain immediate insight into the progress of your case, ongoing strategies, and any challenges or opportunities they’ve previously identified.
Get Legal Help From Our Experienced Personal Injury Lawyers in Dallas
Changing personal injury lawyers can be daunting, but the experienced Dallas-based team at Kraft & Associates, Attorneys at Law, P.C., is here to make this transition as smooth as possible. Call us at (214) 999-9999 or fill out our online form to request a free initial consultation. Let us help you take the next step toward justice.
