Can I Fire My Personal Injury Lawyer?

Mark Anderson | October 27, 2026 | Personal Injury

You generally have the right to fire your personal injury lawyer at any point during your case, even if legal proceedings are already underway. However, your former attorney may be entitled to payment for work performed and could place a lien on any compensation you recover.

Before ending your attorney-client relationship, it is important to understand how the decision could affect your case, legal fees, and ongoing representation. Below, we explain what you should know before firing your personal injury lawyer.

Common Reasons for Firing Your Personal Injury Lawyer

You may choose to fire your personal injury lawyer if you believe they have mishandled your case or failed to meet your expectations.

Common reasons for changing personal injury attorneys include:

Lack of confidence in your lawyer’s ability to handle your case
Unfavorable court rulings or disappointing case developments
Disagreements about important legal decisions or case strategy
Concerns about attorney fees or other legal expenses
Poor communication or a lack of attention to your case

While firing your lawyer will not necessarily harm your case, it is important to consider your reasons carefully. In some situations, discussing your concerns with your attorney may help resolve the issues without changing legal representation.

How Do I Fire My Personal Injury Lawyer?

Once you make the decision to fire your lawyer, there are some steps you should take to make the process as efficient as possible.

You should:

Review Your Representation Agreement

First, you need to review the contract you signed with your lawyer. This contract might specify certain steps or actions you need to take in order to terminate the contract. The contract is also likely to specify any money that may be due upon termination of the agreement. Most personal injury lawyers use contingency fee agreements, but you may still owe the lawyer some money if you decide to fire them.

Hire a New Lawyer

It is always a good idea to find and hire a new lawyer before firing your existing lawyer. If you fire your lawyer first, then you could find yourself without any legal representation during important phases of your personal injury claim.

Notify Your Lawyer in Writing

Next, you should notify your lawyer that you are terminating their representation. The best way to do this is in writing by sending them a certified letter. Your letter should inform the lawyer that you are terminating the attorney-client relationship, and you should also include the name and contact information of your new lawyer. Request that all your documentation in your case file be sent to you or your new lawyer.

Obtain Court Approval (If a Lawsuit Is Pending)

If formal litigation has already been filed, changing counsel is not automatic. Under Rule 10 of the Texas Rules of Civil Procedure, an attorney cannot simply walk away without court permission. Your incoming and outgoing attorneys must file a formal Motion for Substitution of Counsel, which must be signed and approved by the judge. The court has the discretion to deny substitution if it believes the switch is being used to cause undue delay or prejudice the proceedings.

Do I Still Owe My Lawyer Money If I Fire Them?

Whether you owe your former attorney fees depends largely on the grounds for termination:

Discharged “Without Cause”: If you terminate the attorney simply because you prefer someone else or disagree on minor issues, they are generally entitled to recover the reasonable value of their work, plus out-of-pocket litigation expenses through an attorney’s lien against your eventual recovery.
Discharged “For Cause”: If you fire your attorney due to egregious ethical violations, gross neglect, or misconduct, they may forfeit their right to recover fees entirely.
A Caution on Settlement Timing: If your attorney has already obtained a formal settlement offer and you fire them right before accepting it, they may be entitled to their full contractual percentage on that offer. Switching attorneys at the final negotiation stage rarely saves you money and can complicate disbursement.

Switching lawyers does not mean paying two full legal fees out of pocket. In standard contingency cases, the total attorney fee percentage remains the same. Your new lawyer and former counsel will resolve the lien between themselves—dividing the single fee out of your final settlement or verdict proceeds.

Contact Anderson Injury Lawyers for a Free Consultation

If you need competent legal representation after an accident in Dallas, TX, contact the team at Anderson Injury Lawyers for help. We can help you understand all your legal options, and we will fight diligently to help you get the justice you deserve.

We proudly serve Tarrant County, Dallas County, Travis County, and throughout Texas.

Anderson Injury Lawyers – Fort Worth Office
1310 W El Paso St, Fort Worth, TX 76102
(817) 294-1900

Find us with our GeoCoordinates: 32.74621197527774, -97.33552733508391

Anderson Injury Lawyers – Fort Worth Office (Secondary)
6618 Fossil Bluff Dr # 108, Fort Worth, TX 76137
(817) 631-4113

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Anderson Injury Lawyers – Dallas Office
408 W Eighth St Suite 202, Dallas, TX 75208
(214) 327-8000

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Anderson Injury Lawyers – Austin Office

811 Nueces Street, Austin TX, 78701
(512) 399-5000
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About the Author

Mark A. Anderson is the founder of Anderson Injury Lawyers and a Board Certified Personal Injury Trial Lawyer—an honor held by only a small percentage of Texas attorneys. He earned his law degree from Baylor University School of Law and has spent more than 20 years helping injury victims across Dallas, Fort Worth and Austin. Mark handles cases involving car accidents, truck accidents, product liability, wrongful death, catastrophic injuries, and more. Click here to view some of the successful case results Mark has achieved for his clients.

Location: Dallas, Fort Worth, and Austin, Texas
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