A personal injury lawyer working on your behalf in Texas is the one you will want to keep an eye on very closely. The rule in most states, among which Texas, gives clients the ability not only to seek out but also to end a lawyer’s workplace relationship at any stage of the legal process. Remember that the lawyer serves you in the first place. Nevertheless, before making a choice, remember some extremely important considerations are at the forefront:
- Review Your Contract: Inspect the plan or the no-cure-no-pay agreement you made with your lawyer. Most personal injury lawyers work on a contingency basis, which means that they receive payment only if they win their case. Even if you dismiss your legal advisor, he or she may yet be allowed to partake of the payments or the expenses for the work done on your matter so far. This is something to make sure before you give a green light to the idea.
- Notify Your Lawyer: A written notice to your lawyer, notifying him – or her – that the connection is now officially over is necessary. Clearly state that you are choosing to end your relationship with your lawyer and ask them to give your file over to you or your new attorney. Be well-behaved and professional to avoid any kind of unnecessary complaint.
- Consider Timing: Although the possibility of changing lawyers at almost any moment is there, sometimes the process might be extended if a few complications become visible or arise while trying to do that, like changing lawyers just before the trial, which in turn might lead to delays. If an additional lawyer is in charge, a few days for the buff-up of a totally new portion of the business will be required.
- Speak to a New Lawyer First: Consulting with another personal injury lawyer to get a second opinion should be the first step prior to you parting ways with your existing lawyer. This way, the main point is two battles pushing together instead of one opponent continuously backing off and another one running into the battle.
- Potential Costs: Even though a switch can happen, your previous lawyer might claim reimbursement for reasonable expenses or the time he – she spent on the case. At the same time, clients need to discuss these points during the transition to make sure that they are all on the same financial page.
Common Reasons for Firing a Lawyer: The main reasons why some clients prefer to dismiss their attorney are the following:
- Lack of communication: If your advocate does not provide the necessary pieces of information and frequently does not answer your calls or emails, it may feel as if your situation is of no priority to them.
- Disagreements on strategy: You and your advocate do not agree on the manner of the case you are dealing with or its repayment. Therefore, it may be the perfect time for you to find a new representative.
- Concerns about competence: Lack of confidence in a lawyer’s ability to perform the job as expected, introduce the right theory, and advocate for a deal that positively will solve the case can make the situation very difficult to solve.
- Unexplained delays: If the time between follow-up treatments becomes excessive, suspicion of underdoing measures arises. In such a case, the case may be filed into oblivion by an overburdened court clerk.
Key Considerations:
Before making up your mind to fire your lawyer, mull over the following:
Review the Agreement: Review the signed retainer agreement with the lawyer on the list of terms, which contains, amongst others, the potential of the costs, omissions, or the necessity of the payment for the work already done. Your business guarantee could tell you the exact or the approximate amount to be paid later. Depending on the clauses in your agreement, you might have a choice either to allow or to prevent the lawyer from taking up the case you are involved in.
Fees and compensation: Your original lawyer may argue for the fee of a particular percentage of the settlement that he – she made as the fee for the stuff actually performed. Discuss this during your transition to avoid any misunderstandings.
Steps to Fire Your Lawyer
1: Replacing the current lawyer with a new one before the current agreement ends ensures timely continuity of services, preventing any disruption.
2: Reporting your legal consultant a formal letter is the most appropriate way of informing them of your planned withdrawal. In the letter, be straightforward and let the lawyer know why you have decided to discontinue your legal cooperation.
3: Get all files and documents for the case from your lawyer. These are the files that your new lawyer must have in order to start working on your case. You should base your request on the ability to work together with the old and new lawyers in a friendly environment.
Can They Refuse? No. Lawyers cannot refuse a termination request. However, if the case is already in court, they might need to ask the court’s permission to withdraw. The process is usually easy, but there is often some extra paperwork.
When to Seek Professional Advice? When you are in doubt about the termination of your lawyer, or you are in need of help in going over to other legal representations, talk to another lawyer in your first instance. He or she will guide the process, and they will also tell you the possible impacts of the change on your claim. On the other hand, ensure you have a lawyer you are comfortable and confident with, as you will need it for your case (and compensation) to be successful!