If you’re feeling frustrated with your personal injury lawyer, you’re not stuck.
Texas law gives you the right to change lawyers mid-case, even if you’re already deep into your claim. The process is straightforward, and switching can make a huge difference in how your case is handled and how it ends.
In this guide, we’ll walk you through how to switch lawyers, what to expect, and how to do it without losing momentum in your case.
Yes, You Can Change Lawyers Mid-Case in Texas
Let’s get this out of the way: you absolutely can fire your personal injury attorney and hire someone new.
In Texas, you have the right to terminate the attorney-client relationship at any time. No court order is required to fire your lawyer but if your case is already in court, your new attorney may need to file a “substitution of counsel” to formally step in.
“Clients should never feel stuck with a lawyer who isn’t meeting their needs. Texas law supports your right to change attorneys.”
— Texas Center for Legal Ethics
You don’t need a special reason. But if communication has broken down, you’ve lost trust, or you feel like your case isn’t getting the attention it deserves, that’s more than enough.
Most Common Reasons People Switch Lawyers
Here’s what we see most often from clients who decide to make a change:
- Lack of communication – your lawyer isn’t returning calls or emails.
- Feeling rushed into a low settlement – you’re being pressured to accept a deal that feels wrong.
- No progress on the case – it’s been months and nothing seems to be happening.
- Inexperience or incompetence – your lawyer doesn’t seem to understand your type of case.
- Personality mismatch – you just don’t trust them.
One Texas firm said nearly 50% of their clients came from another lawyer. That tells you how common this is and how many people don’t get it right the first time.
Will Changing Lawyers Hurt My Case?
Not necessarily. In fact, switching lawyers often improves the outcome, especially if your current attorney isn’t doing the job. But there are a few things to keep in mind:
- There might be a short delay while your new lawyer gets up to speed.
- If you’re close to trial, the court might be hesitant to approve the switch unless there’s good cause.
- Your new attorney can usually handle the transition without much disruption.
The earlier you switch, the better. But even if your case is well underway, a qualified attorney can catch up fast.
What Happens to Legal Fees When You Switch?
This is the biggest fear most people have but it’s usually a non-issue.
If your case is on a contingency fee (most personal injury cases are), the lawyers will split that fee. You’re still only paying one fee out of your settlement, not two.
Example:
If you agreed to a 33% fee and you switch halfway through, your new lawyer might take 20% and your old lawyer gets 13%. It’s negotiated between them—not charged to you twice.
- You won’t pay double.
- You likely won’t owe anything out of pocket.
- Your new lawyer handles the split behind the scenes.
Just make sure your new attorney agrees in writing to work out the fee with your old one.
How to Switch Personal Injury Lawyers in Texas (Step-by-Step)
Here’s how to make the transition clean and smooth:
Step 1: Find a new lawyer
Before you fire your current lawyer, make sure you’ve lined up a new one. Most attorneys won’t want to step in mid-case unless they’ve reviewed your file and feel confident they can help.
Step 2: Terminate your current lawyer
Send a written notice (email is fine) saying you’re ending the attorney-client relationship effective immediately. Keep it professional and direct. You can also request a full copy of your case file.
Step 3: Let your new lawyer take over
Your new attorney will notify all parties (including the court, if applicable) and file a substitution of counsel. They’ll also coordinate the handoff of your case file and any necessary paperwork.
Step 4: Keep things moving
Your new lawyer should hit the ground running. Make sure they give you a realistic timeline and update schedule so you feel confident in the transition.
Do I Have to Tell My Lawyer Why I’m Leaving?
Nope. You’re not obligated to explain but it’s usually best to keep it respectful. Most lawyers won’t take it personally. In fact, your new lawyer will often notify them for you.
If you do choose to speak up, keep it simple:
“I’ve decided to move forward with a different attorney who better fits my needs. Please forward my complete case file to [new lawyer’s name].”
You don’t need to burn bridges. Just be clear and professional.
Will the Judge Let Me Change Lawyers?
Usually, yes. Courts in Texas generally respect your right to choose your attorney. But if your trial is coming up in a matter of days, the judge might deny a last-minute change, especially if it looks like a stalling tactic.
The earlier you make the switch, the better chance you have of a seamless approval. And if your lawyer asks the court to withdraw, that process is typically routine unless there are unusual circumstances.
What Happens to My Case File?
Your file is yours. Texas law says your old lawyer must turn it over to you or your new lawyer promptly. This includes:
- Medical records
- Court filings
- Emails and correspondence
- Photos or evidence
- Billing history
If your lawyer refuses to cooperate, your new attorney can request the file formally or contact the Texas State Bar for assistance. But most transitions go smoothly.
Can I Switch More Than Once?
Yes, but it’s not ideal. Judges might get concerned if you keep changing lawyers mid-case. So make sure your next attorney is the right fit. Ask questions, check their reviews, and make sure they’ll communicate with you regularly.
How to Choose a Better Lawyer the Second Time
When interviewing a new attorney, ask:
- Have you handled cases like mine before?
- Will I be dealing with you directly or your staff?
- How often will you update me?
- What’s your plan for this case?
Trust your gut. If they don’t inspire confidence now, they won’t later.
Also, confirm how they’ll handle the fee split and transfer. Good attorneys know how to make this seamless and stress-free.
You’re Not Stuck
Switching lawyers might feel intimidating, but staying with the wrong attorney is worse. This is your case, your health, and your future.
If something feels off, don’t ignore it. Get a second opinion. Consult another attorney. Ask questions. You deserve a lawyer who fights for you and keeps you in the loop while doing it.
Need Help Changing Lawyers?
We regularly take over cases from other firms and know how to handle the transition without delays, drama, or double-charging. If you’re thinking about switching, we’re happy to review your situation, confidentially and at no cost.
Contact us today for a FREE consultation.
