The retainer agreement does not bind you to your lawyer. You can terminate the client-attorney relationship at any time.
Our attorneys are often asked, “How long does a personal injury case take in Texas?” Every personal injury lawsuit has its own facts that make it unique. A claim that doesn't require filing a lawsuit may be settled in a matter of months, while a personal injury case that goes to trial may take several years.
Retainer agreements (also referred to as representation agreements) are a type of compensation agreement with lawyers either for reserving their employment or as compensation for future services. Also inside the agreement are details on the scope and procedure for the representation.
The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.
Under Rule 13, a solicitor must only terminate a retainer if there is 'just cause' and 'reasonable notice'. Rule 13.2 and 13.3 add further requirements for solicitors representing clients facing serious criminal charges or where a client's legal aid has been withdrawn.
Requirements about terminating the retainer can largely be found in the Solicitors Act 1974 and case law. There is a unified message: to terminate a retainer you must have good cause and you must give reasonable notice to the client.
If either you or your attorney terminate the relationship before the retainer is exhausted, and if allowed by the agreement and applicable laws, the remaining portion of the retainer may be refundable. Ensure the termination terms in your agreement are clear and consult a legal professional if needed.