Note The library cannot tell you what the law means for your situation.
You can fire your attorney at any time. No specific reason has to be given. According to Rule 1.15 of the Texas Disciplinary Rules of Professional Conduct, an attorney who was discharged must withdraw from the case. The withdrawal process is governed by Rule 10 of the Texas Rules of Civil Procedure.
Firing an attorney is a big decision that can greatly affect the development and outcome of your case. The articles below discuss what to expect, which consequences to consider, and how to deliver the news.
Depending on the situation, you may be able to fire your court-appointed attorney. However, you may not get another court-appointed attorney, which can mean representing yourself in court.
See Rule 1.15, Comment 5 of the Texas Disciplinary Rules of Professional Conduct for more information.
A lawyer may have to withdraw from a case for a number of reasons, including:
The judge will allow an attorney to withdraw if they have a good reason. This rule is in Rule 10 of the Texas Rules of Civil Procedure. If a lawyer quits, they must notify you and provide any important documents and information.
In most cases, this part is completed by the lawyer. To withdraw from a case, they will file a motion for withdrawal with the court. Termination only becomes official once the judge approves the form.
If you hire a new lawyer, they will need to get the court's approval to represent you. They will do this by filing a motion to substitute counsel. In most cases, the new lawyer will ask the court to withdraw your old lawyer from the case at the same time, accomplishing both tasks in a single application.
If you don't have a new lawyer, your old lawyer will have to notify you of any "pending settings and deadlines." This requirement is in Rule 10 of the Texas Rules of Civil Procedure.
If your lawyer stops representing you before an upcoming hearing or trial, you may want to get a court date extension. An extension or "continuance" will give you extra time to prepare and find a new lawyer.
You will need to file a motion for continuance with the court and explain the situation. If a judge grants your request, the court date will be rescheduled.
When an attorney-client relationship ends, you have the right to get your client file back. The file is considered the property of the client and must be returned upon request. This rule is in Rule 1.15(d) of the Texas Disciplinary Rules of Professional Conduct.
In their Ethics Opinion No. 657 (May 2016), Professional Ethics Committee for the State Bar of Texas says:
In general, the documents, papers and other information received from a client or received or generated in the course of representing the client, including work product and notes, are the property of the client. When a lawyer receives a request for those materials from a former client, the lawyer must make those materials available for delivery to the former client."
With some exceptions, you should be able to request the file directly from your lawyer. You can generally pick it up from their office or have it delivered, though you may have to pay for shipping.
If a lawyer is not cooperating, you can ask for help from the State Bar's Client-Attorney Assistance Program. See our page on Resolving Disputes for more information about attorney-client conflicts.
Note The library cannot tell you what the law means for your situation.