Can I Change Lawyers in the Middle of a Case?

By Ben Gobel on September 17, 2024

Navigating a legal case can be a stressful and complex journey. The relationship between you and your lawyer is crucial to achieving a favorable outcome. But what happens if that relationship isn’t working out? Can you change attorneys in the middle of a case? The short answer is yes, you can. However, there are several legal and ethical considerations to keep in mind.

Changing lawyers can be a strategic move to ensure you have the best possible representation, but it requires careful planning and communication. It’s essential to understand the process, potential delays, and financial implications involved. Consulting with a new attorney before making the switch can help you navigate these complexities and make an informed decision that aligns with your best interests.

Is It Possible to Change Lawyers in the Middle of a Case?

Yes, it’s possible to change legal representation during a case. The legal system recognizes that the attorney-client relationship is vital for effective representation. If you feel that your current lawyer isn’t meeting your needs, you have the right to seek new counsel. 

This flexibility ensures that you are not stuck with an attorney who may not be adequately representing your interests. However, it’s important to consider the timing and reasons for the change and the potential impact on your case. Consulting with a new lawyer before making the switch can clarify whether changing attorneys is the best course of action for your situation.

Legal and Ethical Considerations of Switching Lawyers During a Case

Before making the switch, it’s essential to understand the legal and ethical implications. Lawyers are bound by ethical guidelines that require them to act in their clients’ best interests. If you decide to change lawyers, your current attorney must cooperate in transferring your case to your new lawyer. This includes handing over all relevant documents and information.

Reasons for Changing Attorneys in an Ongoing Case

Lack of Communication

One of the most common reasons for changing lawyers is a lack of communication. If your lawyer is not keeping you informed about the progress of your case or is difficult to reach, it can be frustrating. Effective communication is crucial for building trust and ensuring you are fully aware of your legal standing. Without regular updates and clear explanations, you may feel left in the dark, adding unnecessary stress to an already challenging situation.

Disagreements on Strategy

Another reason you might consider changing lawyers is if you have fundamental disagreements on how to proceed with your case. Whether it’s a difference in opinion on settlement offers or trial strategies, these disagreements can hinder your case’s progress and outcome. 

You and your lawyer must be on the same page regarding the direction of your case. If your lawyer is not aligning with your goals or is unwilling to consider your perspective, it may be time to seek new representation.

Unprofessional Conduct

Unprofessional behavior, such as missed deadlines, lack of preparation, or unethical practices, is a significant red flag. If your lawyer is not acting professionally, it can jeopardize your case and your trust in the legal process. 

Additionally, unprofessional conduct can lead to legal complications and potentially harm your reputation. It’s crucial to have a lawyer who is diligent, ethical, and committed to representing your best interests. If your current lawyer falls short in these areas, changing lawyers may be necessary to protect your case and your peace of mind.

How to Change Your Lawyer Mid-Case

Review Your Retainer Agreement

The first step in changing lawyers is to review your retainer agreement. This document outlines the terms and conditions of your relationship with your current lawyer, including how to terminate the agreement. Be aware of any financial obligations you may have, such as outstanding fees.

Notify Your Current Lawyer

Once you’ve reviewed your retainer agreement, the next step is to notify your current lawyer of your decision. It’s best to do this in writing, clearly stating your reasons for the change. This formal notification ensures that there is a record of your decision.

Select a New Lawyer

Choosing a new lawyer is a critical step. Take the time to research and consult with potential candidates to find someone who aligns with your needs and expectations. Look for a lawyer with experience in your type of case and a track record of successful outcomes.

File a Substitution of Attorney Form

After selecting your new lawyer, you will need to file a Substitution of Attorney form with the court. This form officially notifies the court and all parties involved that you have changed legal representation. Your new lawyer can assist you with this process to ensure it’s done correctly.

Potential Consequences of Changing Lawyers

While changing lawyers can be beneficial, be aware of the potential consequences. Switching lawyers can cause delays in your case as your new attorney gets up to speed. Additionally, there may be financial implications, such as paying for the time your new lawyer needs to review your case. 

Moreover, if your case is at a critical juncture, such as during a trial or just before a significant hearing, changing lawyers could disrupt the proceedings and potentially weaken your position. It’s also possible that your previous lawyer may charge you for any outstanding fees or costs incurred up to the point of termination. 

Therefore, it’s crucial to weigh the pros and cons carefully and consult with your new lawyer to understand the full scope of potential impacts on your case.

Turn to Ogg, Murphy & Perkosky for the Representation You Want

While changing lawyers in the middle of a case is possible and sometimes necessary, it requires careful consideration and planning. If you’re in a situation where your current lawyer isn’t meeting your needs, don’t hesitate to seek new representation. 

At Ogg, Murphy & Perkosky, our injury law team understands the importance of the attorney-client relationship and is committed to providing the highest level of legal support. Contact us today at 412-471-8500 for a free consultation to discuss your case and how we can help you achieve the best possible outcome.