Work with a lawyer and address a problem

By Jacob Alford

What decisions remain mine after hiring a lawyer?

You retain the decision whether to accept a settlement. Your lawyer should explain the options and consequences well enough for you to make an informed decision. The lawyer handles legal work within the agreed scope and should consult you about how your objectives will be pursued.

Discuss important priorities early, including concern about a friend who was driving, medical access, work demands, privacy, or willingness to go to trial. A lawyer cannot promise that every objective can be achieved, but cannot evaluate an undisclosed priority either.

Before approving a settlement, ask what is released, what remains open, what deductions are expected, and how much uncertainty remains. Do not sign paperwork you have not read because someone says the number was already agreed. Keep your contact information current and respond to requests so decisions do not become urgent merely because the office cannot reach you.

Source: Texas professional conduct rules, Rules 1.02 and 1.03. See Settlement and release review and the settlement accounting.

What should I ask when I cannot get an update?

At Jacob Alford’s firm, Injured Texan PLLC at InjuredTexan.com, the early work includes helping with the car and medical care. The firm then collects records and other evidence, prepares the demand and negotiates. If negotiations do not resolve the claim, the firm discusses litigation. A useful update tells you where you are in that process, what comes next and what you can do to help move the case forward.

Send a short written request that identifies the question and any actual deadline. Ask for the current stage, what is waiting on whom, the next expected event, and whether anything is needed from you. If suit was filed, ask for the court, cause number, and upcoming dates.

Use the agreed contact method and keep a record of unanswered requests. Ask for a scheduled call or the supervising lawyer if ordinary follow-up has not worked. Distinguish “nothing new has happened” from “I do not know whether my deadline is protected.” The second problem needs a prompt, specific answer.

If the communication problem persists, the State Bar’s Client-Attorney Assistance Program may help. It can address some relationship and communication disputes, but it is not a substitute for urgent legal work. If a hearing or filing deadline is near and no one confirms responsibility, seek independent help at once.

Sources: Texas Court Help on working with a lawyer; State Law Library lawyer-problem resources.

Can I change lawyers and what must I check first?

You can seek a different lawyer, but plan the transition before assuming the old relationship has ended cleanly. Obtain the engagement agreement, current deadline list, status of any lawsuit, and information about fees, expenses, and funds held.

Ask prospective new counsel to assess the existing agreement and any former-lawyer fee claim. Changing firms does not automatically erase an earned fee or expense obligation, and it should not silently produce two full charges for the same work. Get the proposed arrangement explained in writing.

In a pending lawsuit, withdrawal or substitution may require court action. A lawyer’s departure does not pause the court calendar. Confirm who will handle each immediate deadline and when the new lawyer has actually accepted responsibility. Request transfer of the file and preserve your own copy. If there is a serious conflict or a lost deadline, get specific independent advice rather than trying to resolve it only through an intake conversation.

Sources: Texas professional conduct rules, Rule 1.16; Texas civil procedure Rule 10.

How do I request my file or address a fee dispute?

Ask in writing for the file, a current accounting, and the specific items you need urgently. Identify where the materials should be sent and ask whether any originals are held. Keep the request and a list of anything missing.

For a fee dispute, compare the agreement with the calculation. Ask for the expenses, payments, trust balance, and explanation of any amount withheld. A disagreement about the amount of a fee, a communication problem, alleged misconduct, and a malpractice claim are different issues with different routes.

The State Bar’s Client-Attorney Assistance Program can help identify the appropriate next step. Some local bars offer fee-dispute services. The disciplinary process does not ordinarily decide a general disagreement about the amount charged, and a grievance does not repair a court deadline or automatically obtain compensation. Seek separate advice when a possible claim against the lawyer or an urgent file-transfer problem is involved.

Source: State Bar resolving fee disagreements. File-surrender duties also appear in Rule 1.16.

What if my lawyer leaves, dies or becomes unavailable?

Find out who, if anyone, has responsibility for your matter now. Contact the firm, check the lawyer’s State Bar listing, and ask about a successor, file custodian, or court-appointed person handling the practice. Do not assume another lawyer has automatically taken your case.

Get the case number, court, imminent dates, file location, and status of any client funds. Check the court record through official channels and arrange new counsel when needed. If a deadline is close, make that the first issue, not the last item after locating every document.

The State Bar publishes steps for clients whose lawyers die, disappear, or become unable to practice and may help locate the file. Requests for unearned fees or missing funds need their own documentation. Keep contracts, receipts, settlement statements, and correspondence. A disrupted law practice is a reason to confirm responsibility promptly, not to assume the claim has ended.

Source: State Bar checklist for an unavailable lawyer.

Attorney reviewed by Jacob Alford · November 11, 2026