Yes. In Texas a client can discharge a lawyer at any time. You will not pay two full fees: the first lawyer is typically paid for the work done out of the final fee, under the arrangement the two firms work out or a court decides. Your case file belongs to you.
Clients change lawyers more often than people think, usually because calls go unreturned, the case has stalled, or they never meet the lawyer whose name is on the ads. Texas law protects your right to choose. In Mandell & Wright v. Thomas (1969), the Texas Supreme Court recognized that a client may discharge a lawyer, with or without good cause.
The main worry is paying twice. In practice, the new lawyer handles the transition, and the discharged lawyer’s claim is paid from the fee at the end of the case. If the first lawyer was discharged for good cause, the claim is limited to the reasonable value of the work done. If not, the lawyer may have a claim under the original contract. Most transfers are resolved between the firms without the client paying more.
Switching does not restart the deadlines. The two-year limitation period under Civil Practice and Remedies Code section 16.003 keeps running, so do not wait if your lawyer has not filed and the date is close.
To switch, sign with the new firm, which sends a letter discharging the old firm and requesting the file. The file includes medical records, correspondence, and evidence gathered for you. You do not need to confront your old lawyer.
Owsley Law Firm takes over cases from other firms and explains the fee arrangement in writing before you sign. The review is free, and you get straight answers about your case.
What to do, step by step
- Check your filing deadline under section 16.003.
- Meet with the new lawyer and review the fee agreement.
- Sign with the new firm.
- Let the new firm send the discharge letter and request your file.
- Stop communicating with the old firm about the case.
If a lawsuit is already filed, the court must approve a substitution of counsel, which is routine and handled by the lawyers.
The new lawyer will review what the old firm did and fill any gaps, such as missing records or unpreserved evidence.
Ask the new lawyer specific questions before signing: who will handle the case day to day, how often you will hear from the firm, and how the fee and costs will be calculated, including any amount owed to the first firm. Get the answers in the written agreement.
Switching late in a case is possible, but the new lawyer needs time to learn the file before mediation or trial. If a court date is close, the new firm may ask the court for more time, which is common when counsel changes.
Costs advanced by the first firm, such as records fees or filing fees, are usually repaid from the recovery like any case expense. The new firm should explain in writing how those costs will be handled.
Mistakes that cost people money
- Waiting so long that the filing deadline is at risk.
- Signing with a new firm without reading the fee agreement.
- Assuming you will pay two full fees.
- Leaving the old firm without getting your complete file.
Related questions
Will my case be delayed by switching?
Usually only briefly. The new firm needs the file, and then the case continues.
Can my old lawyer refuse to give me my file?
The file belongs to the client. Texas lawyer ethics rules require a lawyer to surrender papers the client is entitled to when representation ends.
Does switching hurt my case with the insurer?
No. Insurers deal with new counsel routinely, and better representation usually helps.
Do I have to tell my old lawyer why I am leaving?
No. The discharge letter can simply state that you have hired new counsel and request the file.
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