Can I change criminal-defense lawyers?
Yes. Whether you hired a lawyer or one was appointed for you, you have the right to fire that lawyer. The procedure is a one-page motion to substitute counsel that the new lawyer files with the court. The court approves it as a matter of routine, except very close to trial, when a substitution can require the judge’s specific permission.
If your current lawyer is appointed and you want a different appointed lawyer, that is a different question. The right to choose your appointed lawyer is much more limited. The court appointed the lawyer; the court decides whether to replace the appointment, and usually only on a showing of conflict or breakdown.
So you can change. The question is whether you should.
Should you change lawyers?
Switching is expensive. There is sunk cost in the existing lawyer—fees you have paid, hours of work product that does not transfer cleanly, time the lawyer has spent learning the file—and a new lawyer charges a new retainer and starts at the beginning. The math has to make sense.
The first question is whether the relationship can be repaired. Talk to your current lawyer about what is bothering you. Ask the questions you have not asked. If there are answers that would put your mind at ease, get them. Defense lawyers are used to clients who are anxious; what looks like neglect is often a lawyer waiting for the right moment to act, or working on something the client cannot see.
If after the honest conversation the trust is not there, change lawyers. The new lawyer’s job is to come up to speed quickly and take the case forward.
Talking to us about it
We are happy to have this conversation with you. It is still a paid consultation, because the question of whether to switch is the same kind of question we are paid to answer about every case. The conversation typically lands on: try to make it work first; if you can’t, change lawyers.
If you are ready to hire us
Call 713-224-1747.