How to Change Lawyers Mid-Case?

If you are finding it difficult to work with your lawyer or are not satisfied with his work for any reason, you need not worry as you have the absolute right to replace him/her with a more competent one in the middle of an ongoing case. In fact, you are even entitled to change him/her mid-case without any reason. Thus, not considering the reason for the replacement in the middle of the lawsuit, your attorney has to agree with your decision.

The Process Involved

– Soon after you discharge your legal representative or file a request for the same, he/she is required to follow local procedures and notify the local court about the discharge.

– Once the formalities are completed, the court will allow the change, after which you can hire a new legal representative who is competent enough to represent you well.

– Your old lawyer is then required to hand over all your documents and the case file to the new one. It is also possible to get your case hearings postponed if the newly employed representative requires more time to prepare.

Exceptions to the Standard Procedure

1) The same process is applicable if your attorney withdraws mid-case. However, the court does not provide permission for withdrawal if the change would be unfair to the client or would cause some harm to the case. Usually, if he/she applies for withdrawal shortly before trial, the permission for change is not granted.

2) Also, if your attorney has been assigned by the court, you are not entitled to ask for a change, until and unless he/she commits a very big mistake due to negligence while representing you or your case.

Things to Bear in Mind before Replacing

1) Try to figure out the problem that you are facing with your current lawyer. Once you know what quality makes you feel uncomfortable, you can avoid it when finding a new law professional to represent your case.

2) Make sure you inform him/her about your decision and give the same in writing. Also keep a copy of the letter for your own records.

3) Take the decision as soon as you realize that your professional relationship with him/her cannot work out well. This is because if you try for the replacement just a few days before some important case hearing, you might regret your decision later.

4) Make sure you provide your new attorney with the contact details of the old one, who was previously handling the case.

However, as you are solely responsible for your own legal affairs, it is up to you to decide whether a change of lawyer mid-case is feasible for your case. Such changes can have both positive, as well as negative effects on the case. It is, therefore, in your own favor to analyze the potential consequences before taking any decision.