I already have a lawyer. Can I get a second opinion or change lawyers in Texas?

Can I talk to another lawyer while I already have one?

Yes. Texas has a rule, Disciplinary Rule 4.02, that keeps lawyers from talking about a case with someone they know has a lawyer in it. That rule exists mainly to keep the other side's lawyer away from you. It does not stop you from getting advice. Rule 4.02(d) says that when a person who has a lawyer asks another lawyer for advice about the matter, the second lawyer may give it without notifying or getting the consent of the first lawyer. The comment to the rule adds that it does not prohibit a lawyer from giving a “second opinion” to someone who asks for one, or from discussing taking over the case if asked.

So you don't need anyone's permission, and you don't have to tell your current lawyer.

Is the conversation confidential?

Yes. Since October 1, 2024, Rule 1.18 protects people who consult a lawyer about possibly hiring them. A lawyer who learns information from you in that conversation may not use or reveal it, even if you never hire that lawyer. If you do become our client, the general confidentiality rule, Rule 1.05, applies to everything about your case. A second opinion with us is free.

We don't call you. You call us.

Texas lawyers may not seek out clients by showing up in person or by calling, texting or messaging them live (Rule 7.03). A conversation you start, by calling us or writing to us, is not solicitation. We don't contact people about their cases uninvited, whether or not they already have a lawyer. If someone calls you out of the blue offering to take over your case, be careful.

Why people ask for a second opinion

Most people who call us about this have a good reason, and it is rarely about one thing. These are the ones we hear most:

• “I can't reach my lawyer.” Under Rule 1.03, a lawyer must keep a client reasonably informed about the status of the case and promptly respond to reasonable requests for information.
• “Nobody explained the settlement offer.” The comment to Rule 1.03 says a lawyer should promptly tell the client the substance of a settlement offer and give the client what they need to decide on a serious one. The decision about your case is yours to make, with the facts in front of you.
• “I've never actually talked to a lawyer about my case.” Staff can do a lot of good work, but you should be able to talk with a lawyer about decisions that matter.
• “I'm worried about the deadline.” Most injury lawsuits in Texas must be filed within two years (CPRC § 16.003). If that date is getting close and nothing has been filed, you should know why.
• “I'm not sure the advice is right.” Sometimes you just want another set of eyes on an offer or a recommendation before you agree to it.

A second opinion doesn't always mean changing lawyers. Sometimes the honest answer is that your case is on track, and we will tell you that.

Can I fire my lawyer?

Yes. Under Rule 1.16(a)(3), a lawyer who is discharged, with or without good cause, must withdraw. The comment says plainly that a client may discharge a lawyer at any time, subject to paying for the lawyer's services. The Texas Supreme Court has said that public policy strongly favors a client's freedom to hire the lawyer of their choice and to discharge a lawyer for any reason or no reason at all (Hoover Slovacek LLP v. Walton, 2006).

If a lawsuit is already on file, the court has to approve the change. Under Texas Rule of Civil Procedure 10, as amended in 2025, the motion to substitute gives the new lawyer's information and states that you approve the substitution. We prepare and file it.

What happens to my first lawyer's fee?

We want you to know this before you decide, not after. A lawyer you leave can still have a right to be paid, and Texas law depends on why you made the change:

• If the lawyer was discharged without good cause, the Texas Supreme Court has held the lawyer may seek either the reasonable value of the work done or the fee in the contract, collected from what you later recover (Mandell & Wright v. Thomas, 1969; Hoover Slovacek, 2006).
• If the lawyer was discharged for good cause, Texas courts generally limit the lawyer to the reasonable value of the work done. Good cause is decided on the facts, and the client has to prove it.
• A contract clause that made a client pay the full contingency fee the moment they changed lawyers, before any recovery, was struck down as unconscionable in Hoover Slovacek, because it penalized the client for changing lawyers.

Every contingency fee contract in Texas must be in writing and state how the fee is figured (Rule 1.04(d)). Bring yours. We read it with you, tell you what your first lawyer could claim and how it would be handled in your case, and put it in writing before you sign anything with us.

Who gets my file?

You do. When a representation ends, Rule 1.16(d) requires the lawyer to protect the client's interests, including giving the client time to hire someone else and surrendering the papers and property the client is entitled to. The Texas Supreme Court has said that the work product a lawyer creates in representing a client belongs to the client (In re George, 2000), and the State Bar's ethics committee has said a lawyer must provide even the lawyer's notes to a former client on request, with limited exceptions (Opinion 570). A lawyer may keep papers only where other law allows it and only if keeping them doesn't hurt the client's case.

Do I have to call my lawyer and tell them?

No. If you decide to change to us, you sign a short letter ending the prior representation. We send it, request your file, and tell the prior lawyer and the insurance companies that we represent you now. You don't have to have that conversation yourself. From then on, we deal with the insurers and the other side.

Does changing lawyers stop the clock?

No. The two-year deadline to sue keeps running, and claims against a government can require written notice much sooner (the City of Houston requires sworn notice within 90 days). If a case is already filed, its court deadlines keep running too. A change takes some time while the file moves and the new lawyer gets up to speed, which is why it is better to ask your questions sooner rather than later. See how long do I have to file an injury claim in Texas?

How a second opinion works with us

It is free and confidential, and you talk directly with Jimmy, in English or Spanish, by phone, text, email or video call, and in person when needed, wherever you are in Texas. Bring what you have: your fee contract, letters from your lawyer or the insurer, and any offer. We will tell you what we see, including when we think you are in good hands. We never pressure anyone to switch, and we don't speak badly of other lawyers. If you want to know how we work day to day, read will I actually talk to Jimmy? and how much does it cost to hire a personal injury lawyer?

Other ways people ask this

Do I have to tell my lawyer I'm getting a second opinion?

No. Texas Disciplinary Rule 4.02(d) lets another lawyer advise you without notifying or getting permission from your current lawyer.

Can I fire my lawyer in the middle of my case?

Yes. A Texas client may discharge a lawyer at any time, with or without cause, and the lawyer must withdraw (Rule 1.16). If a lawsuit is on file, the court approves the substitution of the new lawyer.

Will I have to pay two lawyers?

It depends on your fee contract and why you changed. A lawyer discharged without good cause may claim the contract fee from the recovery or the reasonable value of the work; one discharged for good cause is generally limited to the reasonable value. We review your contract and explain it in writing before you decide.

How do I get my file from my old lawyer?

The file belongs to you, and the lawyer must turn it over when the representation ends. If you change to us, we request it for you.

Is a second opinion confidential?

Yes. Under Rule 1.18, a lawyer may not use or reveal what you share when you consult about possibly hiring them, even if you never do. With us it is also free.

Will changing lawyers delay my case?

There is a transition while the file moves and the new lawyer gets up to speed. The legal deadlines don't pause, so it is better to decide sooner.

Can my lawyer drop my case?

Only for reasons the rules allow, and the lawyer must protect your interests, including giving you notice, time to hire someone else and your file. If a lawsuit is filed, the court must approve the withdrawal.

Authority: Texas Disciplinary Rule 4.02 (communication with a represented person) · Texas Disciplinary Rule 1.16 (declining or terminating representation) · Texas Center for Legal Ethics: Rule 1.18 (prospective clients) · Supreme Court of Texas, Misc. Docket No. 24-9054 (2024 amendments and renumbering) · Supreme Court of Texas, Misc. Docket No. 25-9011 (Tex. R. Civ. P. 10) · The Johns Law Firm v. Pawlik (5th Cir. 2024), applying Texas fee law · Texas Professional Ethics Committee Opinion 570 (client file) · Tex. Civ. Prac. & Rem. Code § 16.003