You Have the Right to Change Lawyers — Here’s What the Law Says

Many people assume that once they hire an attorney, they’re locked in until their case ends. In reality, you have the legal right to switch lawyers at any time — whether you’re unhappy with communication, strategy, fees, or simply don’t feel confident in your representation.

At Justice Watchdog, we believe clients deserve to know their rights — and that includes the right to choose, replace, or terminate their legal counsel without fear of retaliation or delay.

Understanding Your Right to Change Lawyers

The attorney–client relationship is built on trust and communication. If that trust breaks down, you are not obligated to continue working with the same lawyer.Under U.S. law, a client can terminate representation at any stage of a case, even during litigation, as long as the change doesn’t prejudice ongoing proceedings.

Key Legal Principles:

• Client autonomy: The client—not the lawyer—decides who represents them.

• Right to counsel of choice: You may replace your attorney with another at your discretion.

• Duty of withdrawal: Once terminated, the attorney must withdraw promptly and cooperate in transferring your case file.

Courts generally uphold this right unless the timing of the change would disrupt trial scheduling or materially harm the opposing party’s rights.

Common Reasons Clients Decide to Switch Attorneys

Changing lawyers doesn’t necessarily mean a lawyer did something wrong. It often comes down to fit, communication, or direction.

Some of the most common reasons include:

• Lack of updates or poor communication.

• Disagreement over strategy or settlement offers.

• Concerns about billing or case management.

• Feeling ignored or dismissed during a critical stage.

• Loss of confidence or trust.

If you no longer feel your attorney is acting in your best interests, you have every right to find someone who will.

The Legal and Ethical Steps to Take

If you decide to change lawyers, follow these best practices to protect your rights and avoid unnecessary disruption.

1. Review Your Contract

Check your retainer agreement for termination clauses. Most allow you to end representation with written notice, though you may still owe payment for work completed to date.

2. Notify Your Current Lawyer in Writing

Provide a formal letter or email ending the relationship. Be clear but professional — avoid emotional language and request that your file be transferred promptly.

3. Hire a New Lawyer Before Withdrawing

Ideally, have a new attorney lined up to ensure a smooth transition and avoid gaps in representation.

4. Request Your Case File

Under the ABA Model Rules of Professional Conduct, your former lawyer must release your file — including pleadings, discovery materials, and correspondence — upon request.

5. Notify the Court (if applicable)

If your case is already filed, your new attorney will file a Substitution of Counsel form so the court recognizes the change.

What Happens to Fees and Costs?

If you paid a contingency fee (common in personal injury and employment cases), your old and new attorneys will typically split fees based on work performed — you should not be billed twice. For hourly or flat-fee cases, your prior attorney must provide an itemized invoice and refund any unused retainer balance.

For disputes, you can request fee arbitration through your state bar association.

💡 Tip: If you suspect unethical billing or unresponsiveness, contact your state bar’s client protection program for help.

When You Shouldn’t Delay Switching

There are times when waiting too long to change attorneys can hurt your case. Consider switching immediately if:

• Your lawyer repeatedly misses deadlines or hearings.

• You can’t get clear answers about your case’s status.

• You’re pressured into a settlement you don’t agree with.

• Your attorney shows signs of neglect, incompetence, or conflict of interest.

In these cases, prompt action protects both your case and your peace of mind.

Justice Watchdog’s Take

Choosing an attorney is one of the most personal and impactful decisions in any legal matter. Whether it’s a criminal defense, personal injury, or civil rights case, your lawyer should be a partner — not an obstacle.

If that partnership breaks down, remember: you have the power to make a change. The justice system belongs to the people, and your representation is your choice.

If you believe your lawyer isn’t representing you effectively, don’t wait. Consult with another attorney, get a second opinion, and protect your right to fair representation.

Justice Watchdog stands for client empowerment and legal transparency. Know your rights. Use your voice.