Legal Question in Personal Injury in Texas

Re: Car Injury

Short answer, yes. However, your old attorney will likely keep a lien on the case for the time he has in on it. Your new attorney will have to work this out. It's not uncommon, and I've had to do this on more than a few matters. You should document the dates, times you called, with whom you spoke, etc. Once you meet with your new attorney, s/he can send a letter to the old attorney letting him know he has been terminated, etc. Feel free to call me if you would like to discuss this further.

Re: Car Injury

You most certainly may. The law allows you to discharge (or "fire") your current attorney and hire another attorney of your choice. Your first attorney is required to give you a complete copy of your file upon demand at no charge. If your first attorney will not release you from your contract (you should at least ask him/her to do so), your new attorney will reach an agreement with your first attorney to pay that attorney a portion of the attorneys' fees once the case is resolved. The first atttorney will be paid out of your second attorney's share; you should NOT be required to pay two attorneys' fees.

If you are unable to get your current attorney to attend to your case properly and you choose to fire him/her, I would be happy to review your case at no charge and give you my opinion. If you then choose to retain me, we can enter into a new contract.

Either way, I wish you the best of luck in the pursuit of your claim.

Re: Car Injury

The law permits you to choose your attorney and to further not be bound by an attorney you do not want to represent you. Nonetheless, you probably signed a contract and, if so, your current attorney will have rights under it which may subject you to a claim for attorney fees. Usually you can hire another attorney who will be willing to reduce his fees to absorb any claim made by the initial attorney. It is, however, possible that your attorney will refuse to relinquish his claim and may sue you for breach of contract or instruct the settling insurance company to include his name on any settlement checks.