Legal Question in Personal Injury in Texas

Re: Hireing and Fireing Lawyers

You may be jumping out of the frying pan into the fire. Why are you unhappy?..talk to your lawyer and tell him..Remember you have a contract with him..and he is entitled to be paid. If you break the contract or another lawyer accepts your case then that lawyer may be liable for the breach of contract. Ethically a different lawyer will not talk to you as long as you have a lawyer.

BUT GO TO THE LAWYER YOU HAVE AND TELL HIM WHAT IS YOUR PROBLEM WITH HIS SERVICES...

Re: Hireing and Fireing Lawyers

Based on what you have written, you need to speak up and voice your complaints to your attorney. There is a multitude of items which may potentially make your case less desirable to a new attorney due to your current obligations under a written agreement. Additionally, your current attorney is entitled to be paid for the time and efforts put into your case. If after speaking with your attorney, you are still set on looking for another attorney; you will need to advise any new attorney that of your prior agreement.

Re: Hireing and Fireing Lawyers

Assuming you hired your attorney correctly (and by that I mean the attorney was personally recommended to you by someone you trust. NEVER hire a TV lawyer or any lawyer who advertises! You're only asking for trouble if you do.), I always recommend that clients at least try to resolve their differences with their current attorney before switching lawyers.

The problems between clients and lawyers that lead to firings USUALLY are caused by lack of communication. Some of that, most certainly, is the fault of the attorney. However, the client often bears some blame as well. For one thing, clients don�t have any idea of how busy most attorneys are. I work 60-70 hours a week, get hundreds of phone calls and emails, have dozens of meetings, appointments, hearings, depositions, mediations, etc., and cannot possibly take every call or talk to my clients as often as I'd like to. Also, even though I employ several assistants (who are very competent and know as much about the cases as I do), many clients REFUSE to speak to the assistant and demand to speak directly to me. This is really senseless and actually slows down the process of getting the client's case resolved. Clients also tend to blame the attorney for everything wrong in their lives. If the client is having money problems, it's the attorney's fault for not getting the case settled fast enough! Come on! Is that really fair?

Having said all that, we attorneys still need to do a better job communicating with our clients, who just want to be reassured that their case is being handled properly and that everything is going to turn out okay for them in the end. Which leads me to this suggestion:

Before you make the decision to fire your lawyer, make an appointment for a "status conference." Go prepared with a written list of questions. Ask the attorney his plan for the resolution of your case and a reasonable approximation of how long it is going to take. (And, please, if the attorney will answer your questions over the phone, let him! Don't insist on an in-person meeting if there is really no necessity for one. What you really wanted was to get your attorney's attention turned toward you and your case--and you succeeded!)

Certainly, if your attorney refuses to meet with you, refuses to answer reasonable questions, or does not seem to have a grasp on your case and what should be done, THEN it would be reasonable for you to change attorneys. To do so, you should send a letter to the attorney, dismissing the attorney and requesting a complete copy of your file (which the attorney must give to you at no cost).

In summary, before firing your attorney, ask for an appointment, go prepared with written questions, and give your attorney a fair chance to convince you he/she is on your side and is fighting for your best interests. Only if your attorney seems disinterested in your case or unable to handle it competently should you make the serious move of changing attorneys.