In Texas, you have the right to change lawyers in the middle of a personal injury case. While minor disagreements with your attorney are not usually a threat, serious conflicts could affect the outcome of your case. If you struggle to communicate with your lawyer or do not like your current attorney’s strategy for your case, you may want to discuss your case with another lawyer or change lawyers all together.
For responsible, experienced representation for your personal injury case, contact D. Miller & Associates, PLLC, today at 713-850-8600.
What Will Happen If I Change Lawyers in the Middle of a Personal Injury Case?
In most cases, your best bet is to clearly communicate your issues with your current attorney. Often, you can reach an acceptable agreement without changing lawyers. Occasionally, switching attorneys is necessary.
When you change lawyers, the Rules of Professional Conduct protect your best interests by holding your previous lawyer to a high standard, including upholding all tenets of the attorney-client relationship. A lawyer who fails to uphold this standard may face sanctions or even lose their license.
As a part of these rules of conduct, your attorney must turn over all documents related to your case. Your new lawyer can request your file and handle this process. Most attorneys work together to make this process easier, although some may make it more difficult to obtain your case file than others.
How Will My Attorney’s Fees Work If I Change in the Middle of the Case?
In many cases, attorneys handle personal injury claims on a contingency basis. This means your attorney pays all upfront costs, and subtracts their expenses and fees from your settlement award. You receive the remaining portion.
When you change attorneys, your new lawyer will need to pay your original attorney before sending you a settlement check. In some cases, your new lawyer may be able to negotiate a lower payment with your first attorney. You will need to discuss this with your lawyer to understand how much you can expect to pay.
How Could Changing Attorneys Affect My Case?
Changing lawyers once you are well into a personal injury case may delay proceedings. This is because your new lawyer will need time to review your case, conduct any remaining research, and understand any motions your previous attorney already filed. This could also mean paying out extra for your attorney and staff to catch up on what already happened in your case.
However, it is also paramount that you have an attorney who understands your priorities and preferences, and respects your wishes. If you cannot get a satisfactory response after having a frank conversation with your lawyer about your concerns, it may be time to make a change.
How Can I Schedule a Free Consultation With D. Miller & Associates, PLLC?
You can reach the legal team at D. Miller & Associates, PLLC, today by calling 713-850-8600. We offer free consultations and complimentary case reviews to our clients in Houston and the surrounding cities.