If you’re reading this, chances are you’re feeling frustrated with your current personal injury attorney.
Maybe they’re not returning your calls, pushing you toward a settlement that feels too low, or simply not giving your case the attention it deserves.
The good news?
You have the absolute right to change personal injury lawyers in Texas at nearly any stage of your case – and it WON’T double your legal fees.
At Keith & Lorfing, we regularly help clients who’ve grown dissatisfied with their previous representation.
We understand that switching attorneys can feel overwhelming, but we handle the entire transition process for you. Most importantly, there’s no additional cost to you when you make the switch.
If you’re considering a change, contact our Abilene personal injury attorney today for a free consultation. We’ll review your case, explain your options, and help you make the best decision for your situation.
Do You Have the Right to Change Lawyers in Texas?
⚖️ Texas law empowers clients—not attorneys—to make key decisions, including who represents them. Judges will typically approve substitutions unless trial is imminent and unjustified disruption is likely.
Texas Rules on Attorney Substitution
Under Texas law, clients have the fundamental right to terminate their attorney-client relationship at any time before settlement or trial conclusion.
This right is protected by the Texas Disciplinary Rules of Professional Conduct, which explicitly state that clients control major decisions in their cases, including who represents them.
You can switch personal injury lawyers even if:
- A lawsuit has already been filed
- Discovery is underway
- Settlement negotiations have begun
- Depositions have been scheduled
The only limitation is that switching very close to trial may require court approval, but this is typically granted when there’s good cause for the substitution.
Common Misconceptions About Switching Lawyers
Many injured Texans stick with inadequate representation because they believe myths about changing attorneys:
❌ “I’ll owe two attorney fees.”
✅ Reality: Your settlement share stays exactly the same. The two attorneys split the single contingency fee.
❌ “It’ll delay my case for months.”
✅ Reality: Most transitions happen within 1-2 weeks, and experienced attorneys can quickly get up to speed.
❌ “My current lawyer won’t let me leave.”
✅ Reality: Attorneys cannot hold clients hostage. They must release your file when properly terminated.
Reasons Clients Switch Personal Injury Lawyers
Poor Communication or Unresponsiveness
The most common complaint we hear from potential clients is that their current attorney simply doesn’t communicate. Warning signs include:
- Calls and emails are going unanswered for days or weeks
- Being shuffled between multiple staff members
- Receiving generic updates instead of specific case progress
- Feeling like just another case number
Hypothetical scenario: Sarah was injured in a Midland car accident six months ago. Her attorney hasn’t returned her calls in three weeks, and she has no idea if her medical records have been submitted or if a settlement demand has been sent. This lack of communication is unacceptable and grounds for switching representation.
Lack of Progress or Missed Deadlines
Some attorneys take on more cases than they can handle, leading to:
- Missed filing deadlines
- Delayed medical record requests
- Stalled settlement negotiations
- Unprepared depositions
In Texas, personal injury cases have specific time limits. Missing key deadlines can permanently damage your case value or even result in dismissal.
Disagreement on Strategy or Settlement Pressure
Your attorney should fight for maximum compensation, not push you toward the first offer.
Red flags include:
- Pressuring you to accept lowball settlements
- Refusing to consider a trial if necessary
- Making decisions without consulting you
- Dismissing your concerns about medical treatment needs
Feeling Unheard or Dismissed
You deserve our attorney who will treat you with respect and take your concerns seriously.
We’ve helped clients who felt their previous lawyers:
- Minimized their pain and suffering
- Rushed through consultations
- Failed to investigate all potential defendants
- Didn’t understand the full impact of their injuries
What Happens When You Change Attorneys?
💡 Your new lawyer handles the transition, from notifying your former counsel to collecting your case file. Most clients never need to speak directly with their previous lawyer again.
Step-by-Step Breakdown
The process of switching personal injury lawyers is more straightforward than most people realize:
- Find and retain a new lawyer: Schedule consultations with potential attorneys. Most personal injury lawyers offer free case reviews.
- Sign a new retainer agreement: Once you choose your new attorney, you’ll sign a representation agreement. This automatically terminates your relationship with your previous lawyer.
- Your new lawyer sends a formal notice: We handle sending a substitution of counsel notice to your previous attorney and all relevant parties.
- Case file transfer: Your former attorney must promptly send your complete case file to your new lawyer. This includes all medical records, correspondence, and case documents.
At Keith & Lorfing, we take care of steps 3 and 4 entirely. You don’t have to worry about paperwork or confronting your previous attorney.
Frustrated with how your car accident case is being handled? Contact our car accident attorney today to get a second opinion and the representation you actually deserve.
Our Firm Makes the Transition Seamless
At Keith & Lorfing, we understand that switching attorneys can feel overwhelming. That’s why we handle every aspect of the transition for you:
- We handle all paperwork: We prepare and file all necessary substitution documents, so you don’t have to interact with your previous attorney.
- We obtain your complete file: We ensure your former attorney promptly transfers all case documents, medical records, and correspondence.
- We review everything thoroughly: Our team conducts a comprehensive case review to identify missed opportunities and develop an aggressive strategy moving forward.
- Zero out-of-pocket costs: We work on a contingency fee basis – you pay nothing unless we win your case.
Our West Texas Advantage:
- Over 500 jury trials between our attorneys
- Offices in Abilene, Lubbock, San Angelo, and Midland
- Deep relationships with local courts and medical providers
- Former prosecutors who understand both sides of the legal system
Does Changing Lawyers Cost More?
No, switching attorneys will not increase your total legal fees. Here’s how it works:
| Fee Structure | Your Cost | Attorney Split |
|---|---|---|
| Original Attorney | 33.3% of the settlement | 33.3% to the original attorney |
| After Switching | 33.3% of the settlement | Divided between the attorneys |
| Your Share | 66.7% of the settlement | Same regardless of the switch |
The attorneys work out a fee division based on the work performed. Your settlement percentage remains unchanged, and you never pay out-of-pocket fees when working with our contingency fee attorney.
Will Changing Lawyers Delay My Case?
Switching attorneys typically causes minimal delay, usually just 1-2 weeks, while the new attorney reviews your file.
Our experienced personal injury lawyers will quickly assess case status and pick up where the previous attorney left off.
Our experienced attorney will often accelerate case progress by:
- Promptly requesting missing medical records
- Aggressively pursuing settlement negotiations
- Properly preparing for depositions and trial
In many cases, a more engaged attorney accelerates case progress by properly following up on medical records, maintaining consistent communication with insurance companies, and ensuring all deadlines are met.
What to Look for in a New Personal Injury Attorney
💼 Ask about communication, trial experience, and case strategy. A good attorney welcomes questions and doesn’t overpromise results.
Key Questions to Ask
When interviewing potential new attorneys, ask these critical questions:
Experience Questions:
- How many personal injury cases have you handled in the past year?
- What percentage of your cases go to trial?
- What’s your average settlement amount for cases similar to mine?
Communication Questions:
- Who will be my primary point of contact?
- How often will I receive case updates?
- What’s your typical response time for client calls?
Strategy Questions:
- What’s your initial assessment of my case value?
- What additional evidence do you plan to gather?
- Are you prepared to take this case to trial if needed?
Red Flags to Avoid in Your New Representation
Don’t make the same mistake twice. Avoid attorneys who:
- Promise unrealistic outcomes – Be wary of guarantees about specific settlement amounts
- Pressure immediate decisions – Good attorneys give you time to make informed choices
- Lack of trial experience – Insurance companies lowball attorneys who never go to court
- Have poor online reviews – Patterns of communication complaints are telling
- Work from volume mills – Firms handling thousands of cases can’t provide personal attention
Can I Switch Lawyers After a Lawsuit Has Been Filed?
Yes, you can switch attorneys after filing a lawsuit. However, there are additional procedural requirements:
Required Steps:
- Your new attorney files a Motion to Substitute Counsel with the court
- The motion must be signed by you (the client) and the new attorney
- Notice must be provided to all parties in the lawsuit
- If a trial is imminent, the court may require a hearing
Timing Considerations:
- Earlier in litigation = easier substitution
- Close to trial = may require court approval
- Emergency situations = expedited process available
The Texas Rules of Civil Procedure govern this process, and experienced attorneys handle these filings routinely.
Contact Our Texas Personal Injury Lawyer Today
Not satisfied with your current lawyer? Get a second opinion today. You deserve attorneys who fight for maximum compensation and treat you with respect throughout the process.
Proudly serving clients throughout:
- Abilene and the Big Country
- Lubbock and the South Plains
- San Angelo and the Concho Valley
- Midland and the Permian Basin
- All of West Texas
You have the power to change lawyers if you’re not getting the representation you deserve. Don’t let loyalty to an inadequate attorney cost you the compensation you need for your injuries.
Feeling ignored or pressured into a low settlement? Call (325) 246-9410 or contact our office now to get the focused, aggressive representation your case truly deserves.
FAQs
Is It Hard to Switch Personal Injury Lawyers in Texas?
No, switching personal injury lawyers in Texas is a straightforward process. You simply need to hire our attorney and sign a new retainer agreement. Our lawyer handles all the paperwork, including notifying your previous attorney and requesting your case file. The entire process typically takes 1-2 weeks.
Can I Change Lawyers Right Before Settlement?
Yes, you can change lawyers even during settlement negotiations. However, if you’re very close to finalizing a settlement, you may want to carefully consider whether the switch is worth a potentially brief delay. Our attorney will need time to review settlement terms and may identify opportunities for increased compensation.
Will Switching Attorneys Cost Me More?
No, switching attorneys will not increase your total legal fees. Our personal injury lawyers work on contingency fees, meaning you pay a percentage of your settlement regardless of whether you switch attorneys. The two attorneys split the single contingency fee based on the work performed.
What if My Lawyer Won’t Release My Case File?
Texas law requires attorneys to promptly turn over client files upon termination of representation. If your previous attorney refuses to release your file, our attorney will file a motion with the court to compel release. This is considered a serious ethical violation that can result in disciplinary action.
How Do I Choose a Better Lawyer the Second Time?
Focus on finding an attorney who demonstrates strong communication skills, has significant trial experience, and provides clear answers about their strategy for your case. Ask about their caseload, response time for client calls, and success rate with cases similar to yours. Trust your instincts – if an attorney doesn’t make you feel confident and heard during the consultation, keep looking.
