Common Questions / Hiring a Lawyer
Can I switch lawyers in the middle of my injury case?
Yes. The client's right to discharge a lawyer is nearly absolute, the new firm handles the transition, and in the typical arrangement the fee does not increase, the prior lawyer's share comes out of the same contingency percentage. The real questions are whether switching serves your case, and when.
Your case belongs to you
The attorney-client relationship runs on the client's consent, and consent can be withdrawn. You may discharge your injury lawyer at essentially any time, with or without a reason, and no contract clause changes that. Mechanically it is undramatic: you sign with new counsel, the new firm sends the notice, requests the file, which you are entitled to, and handles the substitution with the court and the carriers; you never have to make an awkward phone call. On the money, understand the typical arrangement: the discharged firm may be owed a share for work performed, but that share ordinarily comes out of the same contingency fee, divided between the firms, so switching usually does not raise your total percentage. Confirm exactly that with the new firm in writing before you sign, and any lawyer worth switching to will put it there gladly.
When switching is the right call
Some signals are real. Months of silence, calls that die at a case manager who cannot answer a substantive question, a file that has plainly not moved, no suit filed as limitations approaches. Pressure to take a settlement that feels engineered for the firm's calendar rather than your recovery. A serious case drifting toward a trial date in the hands of an office that visibly does not try cases, remember, carriers price files against the firm holding them, and they know who folds. And the quiet one: you have lost trust, and cannot get it back. A contingency relationship without trust serves no one, including the lawyer.
When it is not, and an honest word
Some frustration is with litigation itself, not counsel. Injury cases genuinely take one to three years; discovery genuinely goes quiet for stretches; a lawyer who will not demand until your treatment stabilizes is protecting your value, not stalling. Before switching, ask your current lawyer directly for a status conference and a written plan, a good firm will welcome the question, and the answer often resolves everything. Timing matters too: a change is cleanest before mediation or major deadlines, and a switch on the eve of trial can genuinely cost you, so if trial is close, the analysis needs to be honest about that. And know that ethical firms evaluate a switch on the merits; if the honest answer is that your current lawyer is doing the job, this firm will say so.
How to explore it safely
Consult the prospective new firm first, quietly and at no cost; bring your contract and whatever file materials you have; and let them assess the case, the timing, and the fee mechanics before anything is signed or said. Silver Key Law gives that second opinion for free and without pressure, because a client who chooses deliberately, in either direction, is the only kind worth having.
Injured in Arizona? Some rules on this page are Texas-specific. Arizona differs on points that change outcomes, including pure comparative fault and government-claim deadlines. See our Arizona answers or call (888) 508-6967.
Related: Choosing the Right Lawyer · Contingency Fees Explained · Submit Your Case · All Common Questions
This page is general information about Texas law, not legal advice about your specific situation. Deadlines and outcomes depend on facts; talk to a lawyer about yours.
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