How To Fire a Lawyer in Texas
The attorney-client relationship depends on trust, communication, and results. When that foundation breaks down, Texas law gives you the right to make a change. Whether your attorney has gone silent, mishandled your case, or just isn’t the right fit anymore, you don’t have to stay stuck. Knowing how to fire a lawyer the right way helps to protect your case and your legal rights.
Here’s how to make the switch:
- Review your engagement agreement
- It’s better to find new counsel before you terminate
- Notify your attorney in writing
- Request your case file
- Settle any outstanding fees
- Confirm the transition with your new attorney
Houston legal malpractice attorney Ross Sears built his career on the belief that clients deserve honest representation, and that includes helping people recognize when their current legal counsel is failing them.
In this article, we’ll walk through the exact steps to fire your lawyer in Texas, what happens to your case file and fees, how to avoid common mistakes during the transition, and how to find the right attorney to take over your case.
1. Review your engagement agreement
Before you take any action, read through your original engagement agreement. This document outlines termination clauses, fee arrangements, and any notice requirements that apply to your specific case.
Your engagement agreement is the roadmap for attorney termination. Most agreements spell out how fees are calculated if the relationship ends early, whether that’s hourly billing, a flat fee, or a contingency arrangement. Some agreements also include specific language about how notice should be given or what happens to unfinished work.
What to look for in your engagement agreement
- Fee structure: How your attorney calculates payment for work already completed
- Termination clauses: Any specific steps required to end the relationship
- Retainer details: Whether any portion of a retainer is refundable
- Case status: Where things stand procedurally, especially near deadlines
If anything in the agreement is unclear, that confusion is worth noting. It may be a sign of the same communication breakdown that’s pushing you to make a change in the first place.
2. Find new counsel before you terminate
Can you fire a lawyer without already having new representation lined up? Yes, but it’s rarely the best strategy. Securing new counsel first helps protect your case timeline and avoid gaps in representation. It also allows you to obtain legal advice from your new attorney to make sure you are properly achieving the termination of your current attorney without exposing yourself to any legal or economic consequences based on the timing or reasoning for the termination.
When you are paying your attorney by the hour, or working on a flat fee, it is easier and cleaner to fire them and rarely creates continuing fee disputes. However, if your current attorney was hired under a contingency fee contract, then it is very important to get legal advice on when, if and how you should terminate the agreement.
How contingency fees complicate a termination
You can terminate a contingency fee attorney at any time “for cause” and they, in all probability, will not be entitled to keep any part of their contractual fee interest. But if you terminate the attorney “without cause” then there is a good chance that you will still legally owe the attorney their contractual fee percentage, which is very important to know, because now if you hire a new attorney on a contingency fee basis, then you may owe 2 attorneys/firms out of your case recovery.
This could result in total fees owed to the 2 attorneys/fees up to 80% of your recovery, if not more. This is why you should get legal advice from another attorney BEFORE you fire your first one. Ideally, you will want your new attorney to contact your old attorney (if contingency) to reach an agreement (if possible) on the fee split between the attorneys, so the client does not EVER pay more than 45 to 50% to both attorneys.
Texas courts don’t pause for a change in attorneys. Deadlines, discovery, and hearings keep moving, so a gap in representation can put your case at risk. Speaking with a prospective attorney before you formally end things with your current one gives you a clearer picture of your options and a smoother transition.
Why this timing matters
- Active deadlines: Trial dates and statutes of limitations don’t move because you’re between attorneys
- Case continuity: New counsel can request your file and pick up where the last attorney left off
- Reduced stress: You’re not scrambling to find representation while your case is already in motion
Not sure if you’ve waited too long to make a switch? Our article: When is it too late to fire your attorney? breaks down how timing affects your options.
3. Notify your attorney in writing
Learning how to fire an attorney starts with putting your decision in writing. A written notice creates a clear record of when and why the representation ended.
Verbal conversations can be misremembered or disputed later. A written notice protects you by documenting the date of termination, confirming that your attorney has been formally released from the case, and listing the basis for the termination.
What to include in your letter:
- A clear statement: State plainly that you are ending the attorney-client relationship and why
- Effective date: Note the date the termination takes effect
- Case file request: Ask for your complete file, including documents and correspondence
- Contact information: Provide details for your new attorney, if applicable
A simple, direct letter to fire a lawyer is often all that’s needed. You don’t owe a lengthy explanation, just a clear and professional notice.
4. Request your case file
Once you’ve sent a written notice, request your case file right away. Your former attorney is required to turn over your documents so your new representation can continue without delay.
An attorney’s obligation to return client files in Texas exists because the file belongs to you, the client, not the attorney. This includes pleadings, correspondence, medical records, evidence, and any other materials tied to your case.
Here’s what your case file should include:
- Court filings: All pleadings, motions, and orders
- Correspondence: Emails and letters related to your case
- Evidence and records: Any documents, photos, or medical records gathered
- Billing records: An accounting of fees charged and hours worked
If your former attorney delays or refuses to hand over your file, that’s a serious red flag worth addressing directly.
5. Settle any outstanding fees
Before your transition is complete, resolve any fees owed to your former attorney. Even after termination, attorneys are often entitled to payment for work performed up to that point.
Fee disputes are one of the most common friction points when ending representation. Contingency fee cases can be especially complicated, since your former attorney may claim a portion of any future recovery based on work already done.
Common fee scenarios
- Hourly arrangements: Payment owed for time billed before termination
- Contingency cases: A potential claim on future settlement or judgment proceeds
- Flat fee agreements: Possible partial refund depending on work completed
- Disputed charges: Any billing questions that need to be resolved in writing
Getting fee matters settled early keeps your case moving and avoids complications down the road.
6. Confirm the transition with your new attorney
The final step is confirming that your new attorney has everything needed to move forward. This includes your case file, fee agreement details, and a clear understanding of where your case currently stands.
If your former attorney’s conduct went beyond a poor fit and into missed deadlines, mismanaged evidence, or a breach of duty, that may be a legal malpractice issue rather than a simple disagreement. At Sears Crawford, We Sue Lawyers, which means we know how to evaluate whether your case has been damaged by inadequate representation and how to hold your previous lawyers accountable.
Signs it may be legal malpractice
- Missed deadlines: Your attorney failed to file documents or meet the statutes of limitations
- Mishandled evidence: Key evidence was lost, ignored, or never properly investigated
- Unauthorized decisions: Settlements or major case actions were taken without your consent
- Breach of fiduciary duty: Your attorney acted in their own interest rather than yours
- Negative case outcome: Your result was harmed as a direct consequence of your attorney’s conduct
If any of this sounds familiar, your situation may go beyond a simple change of counsel. A consultation with a legal malpractice attorney in Houston can help you understand whether you have a valid claim.
FAQs
What is it called when a lawyer doesn’t do their job?
When a lawyer fails to meet the standard of care owed to a client, it’s called legal malpractice. This can include missed deadlines, mishandled evidence, conflicts of interest, or a breach of their duty to act in your best interest.
Can I fire my attorney if I signed a contract?
Yes, signing an engagement agreement does not prevent you from firing your attorney. Texas clients have the right to terminate representation at any time, though you may still owe fees for work already completed under the contract or even a large percentage under a contingency fee.
Continue reading: Can I fire my attorney if I signed a contract?
Is it too late to fire my attorney?
In most cases, no, you can fire your attorney at any point during your case. However, timing matters more as deadlines approach, so it’s worth speaking with new counsel before making the switch if a trial date or statute of limitations is near.
Can I fire my attorney by email?
While an email can document your decision, a formal written letter is the stronger option for creating a clear, official record. Either way, your notice should clearly state that you are ending the representation and include the effective date.
How do you write a letter to terminate a lawyer?
A termination letter should be brief and direct. State that you are ending the attorney-client relationship, include the effective date, and request that your complete case file be transferred to you or your new attorney.
If you are terminating a contingency fee attorney, then contact your new attorney and ask them how to fire the first attorney in a way that results in no fees being owed by you, or fees that will be paid by your new attorney, instead of by you. The two attorneys can often reach an agreement to split any fees earned/recovered. You DO NOT want to pay 2 contingency fees to 2 different attorneys.
Fired your lawyer? Ready to sue? Call Ross at Sears Crawford today.
Knowing how to fire a lawyer is only half the battle. If your case suffered because of missed deadlines, mishandled evidence, or an attorney who simply stopped doing their job, you may have grounds for a legal malpractice claim.
Ross Sears has built his career holding attorneys accountable when they fail the clients who trusted them most. As a lawyer who sues lawyers, he understands the legal system from both sides, giving him a sharp eye for exactly where representation went wrong and what it takes to make it right.
If you’re ready to talk through what happened with your case, call us at (713) 223-3333 or contact us to schedule a consultation. You trusted your lawyer to fight for you. Now let Ross Sears fight for you instead.
More Helpful Articles by Sears Crawford:
- How to Win an Attorney Malpractice Suit in Texas
- Legal Malpractice Complaint vs. Bar Complaint: Do You Have a Case?
- What Qualifies as Attorney Professional Misconduct in Texas?
- When Can I Sue My Lawyer?
- The Case Within a Case in Attorney Malpractice Lawsuits