Do I Have to Go to Court if My Lawyer Files a Lawsuit?

Many clients wonder whether they must personally attend court if their attorney files a lawsuit on their behalf. The short answer is that, in most cases, you do not have to appear in court. Since the COVID-19 pandemic, the legal system in Texas has increasingly embraced virtual platforms, including Zoom, for hearings, depositions, and mediations. This shift has made the process much more convenient for plaintiffs, allowing them to focus on recovery while their attorney manages the legal proceedings.

When a lawsuit is filed, the process begins with the submission of the original petition to the court. The defendant then responds, typically through electronic filing systems, and most communications, notices, and motions are handled through e-filing and e-service programs. Courts now routinely process documents electronically, eliminating the need for clients to be physically present for filings or routine procedural steps.

During the discovery phase, which includes the exchange of evidence and taking of depositions, your attendance is generally not required in person. Depositions are often conducted remotely, typically over Zoom, rather than in person, allowing your attorney to handle most interactions with witnesses and opposing counsel on your behalf, and even your own deposition would likely be conducted over Zoom. Even mediations, which are negotiations aimed at resolving the case without trial, are frequently conducted online or over the phone.

The only situation where a plaintiff is typically required to appear in person is for a trial. However, it is important to note that the vast majority of personal injury cases—approximately 90% to 95%—settle before reaching trial, sometimes months or even years after the initial filing. This means that most clients never need to step foot in a courtroom, as their attorney handles every aspect of the case from start to finish.

Having an experienced personal injury lawyer ensures that your rights are fully protected while minimizing the stress and time commitment required from you. Your attorney handles filings, negotiations, depositions, and mediations, allowing you to focus on your recovery.