Ten questions separate a Texas injury firm that will try your case from one that will not: who handles it day to day, that lawyer’s caseload, their Tarrant County trial record, the fee before and after suit is filed, who pays expenses if you lose, and how often you will hear from them. Ask all ten in the free consultation.
Ask These Before You Sign a Contingency Agreement
A contingency fee agreement is a contract, and it is the moment you have the most leverage you will ever have with a law firm. After you sign, the firm has your case. Before you sign, it wants your case.
Most people ask one question — what percentage do you take — and stop there. That number matters, but it is a smaller predictor of your experience than staffing, caseload, trial record, expenses, and communication. The ten questions below are aimed at those.
Consultations at Texas injury firms are almost always free, so asking all ten questions, costs you nothing. Take notes. Ask the same questions at two firms and the differences will be obvious.
Questions 1-5: Who Actually Does the Work
1. Who will actually handle my case day to day? A good answer names a specific lawyer and a specific paralegal, and the lawyer is either in the room or on the phone before you sign. A bad answer is ‘our team,’ or ‘a case manager will be assigned.’ If nobody will give you a name, the name is not important to the firm.
2. How many cases is that lawyer carrying right now? A good answer is a number or a range, plus an explanation of how the firm controls intake. A vague or irritated answer tells you volume is the business model. You are really asking how many hours a month exist for your file.
3. Have you tried a case to verdict in Tarrant County, and when? A good answer gives you a court, a year, and an outcome — win or loss. A bad answer redirects to ‘we settle almost everything.’ Every firm settles most cases. The question is what happens to the one the insurer refuses to pay fairly.
4. What happens if my case doesn’t settle? Good: the firm files suit itself, names who would try it, and can describe the schedule that follows. Bad: ‘then we’d refer it out.’ Referral is not automatically wrong, but you should learn about it before you sign, not two years in.
5. Who decides whether to accept an offer? You do. The answer should be immediate and unqualified. Hesitation, or language about the firm ‘strongly recommending’ acceptance, is worth pressing on — a settlement is final, and it is your signature on the release.
Questions 6-10: Money, Deadlines and Communication
6. What is your fee if we settle before suit is filed, and what is it after? Many Texas contingency agreements are tiered: one percentage before a lawsuit is filed, a higher one after, sometimes higher again on appeal. Get every tier in writing and read what triggers each one. A firm that will not put the tiers in the contract has told you something.
7. Who pays the case expenses if we lose? Expenses — medical records, filing fees, depositions, accident reconstruction, expert witnesses — are separate from the fee. Some firms absorb them if the case loses; some bill the client. Texas permits a lawyer to advance expenses with repayment contingent on the outcome. Ask which practice this firm follows, and get the answer in the contract rather than in conversation.
8. Are expenses deducted before or after your fee is calculated? The order changes what you take home. Most firms take its fee from the gross settlement first, and then subtract the firm’s out of pocket expenses, liens, and subrogation amounts, with the client receiving the net sum.
9. How often will I hear from you, and from whom? A good answer is a system: a status call at a set interval, an update when you complele treatment, when an offer is received, and a named person who returns calls. ‘Call us any time’ is not a system, and it is the answer most often given by firms where nobody calls you back. However, please remember if the firm calls or emails you, that it is important for you to respond in a timely manner.
10. What is my deadline, and can anything shorten it? Texas generally gives you two years from the date of injury to file suit, and two years from the date of death in a wrongful death case (CPRC §16.003). A claim against a governmental unit requires written notice within six months (CPRC §101.101) but some city charters require notice sooner than that. The statute of limitations for minors is tolled; generally, until age 20. A lawyer should be able to give you your date at the first meeting.
What the Answers Add Up To
Write the answers down and compare them side by side. A firm that answers all ten plainly is describing a system it already runs. A firm that gets evasive on any one of them is telling you where the weakness is, and the weak spot is usually staffing or expenses.
Two more things are worth doing before you sign. Verify the lawyer’s license status and public disciplinary history through the State Bar of Texas, which publishes both at no cost.
- Green flag: the fee tiers, the expense terms, and the deduction order are all written into the contract you are handed.
- Green flag: you are told your filing deadline at the first meeting, with the date.
- Red flag: you are asked to sign today because ‘evidence disappears’ — some evidence genuinely does, and a real lawyer will explain which, not just push the pen at you.
- Red flag: nobody will tell you how many cases the handling lawyer carries.
- Red flag: the last claim settled or case tried to verdict cannot be named.
Before You Make the Call
You do not need documents to ask these ten questions. If you have the crash report, your insurance declarations page, photos, and any letter from an adjuster, bring them, because they let a lawyer answer more precisely about coverage and deadlines. If you do not have them yet, call anyway.
Prepare one more question of your own: whatever has been bothering you about your case since it happened. How a lawyer handles the question you actually care about tells you more than any of the other ten.
Jim Ross Law Group offers free consultations at 2201 E. Lamar Blvd., Suite #110 in Arlington, or by phone at 817-275-4100, and there is no fee unless we win.
Frequently Asked Questions
Can I switch lawyers if I already signed with another firm?
Yes. You can end the relationship at any time, and you do not need a reason. The first firm may claim a share of the fee out of any eventual recovery based on the work it did, and the two firms typically resolve that between themselves rather than charging you twice. However, this depends on where the case stands. If you change firms close to the trial date and/or after most of the work has already been done by the firm whose representation you are terminating, the firm may seek payment of its entire fee, in which case, another firm may be reluctant to take the case. If you terminate the first firm for misconduct or for cause, you may have a better argument for terminating the first firm’s representation of you. If another firm takes on the case from the first firm, you should ask the new firm to confirm in writing that your total fee will not increase.
Is it rude to ask a lawyer how many cases they're handling?
No, and the reaction is part of the answer. A lawyer who limits intake is usually happy to explain how. A firm signing hundreds of files a month may find the question uncomfortable because the honest answer would cost it the client. You are entitled to know how much attention your case can realistically receive.
What if the lawyer I meet with isn't the one who'll handle my case?
That is common at larger firms and not automatically a problem, as long as you learn it before signing and get the handling lawyer’s name. Ask to meet or speak with that person first. If the firm will not arrange it, you have learned how accessible that lawyer will be once you are a client.
Do I have to meet in person, or is a phone consultation enough?
A phone consultation is enough to ask all ten questions and to get a preliminary read on your case. Meeting in person is useful when there are documents, photographs, or visible injuries to review. Jim Ross Law Group offers both, at the Arlington office or by phone.
How do I check if a Texas lawyer is licensed and in good standing?
The State Bar of Texas maintains a public profile for every licensed Texas lawyer showing license status, the year of admission, practice areas, and any public disciplinary history. It is free to search and takes about a minute. Do it before you sign, not after a problem develops.
Does the consultation cost anything if I don't hire the firm?
At Jim Ross Law Group, no. The consultation is free whether or not the firm takes the case, and you are not obligated to hire anyone by making the call. If another firm asks for a consultation fee on an injury case, that is unusual enough to ask about directly.
How quickly do I have to decide?
You have two years from the injury to file a lawsuit in most Texas cases, so you are not deciding today about the deadline. You may be deciding about evidence: surveillance video is often overwritten within days or weeks, and vehicles get repaired or scrapped. Take the time to choose well, but do not let a month pass while you think about it.
What if I already gave the insurance company a recorded statement?
Tell the lawyer at the consultation and do not try to fix it yourself. A recorded statement is rarely fatal to a claim, and a lawyer can request a copy of it from the carrier and work from what you actually said. Do not give a second statement, and do not sign anything else until you have had the conversation.
This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee or predict a similar outcome in any future case. Jim Ross Law Group, P.C., 2201 E Lamar Blvd #110, Arlington, TX 76006.