Generally speaking, yes, you can change your lawyer during your case, however there may be specific situations where you may have a challenge to change, or not be permitted to change, your lawyer. This article will outline the steps that are typically followed when changing your lawyer, and any challenges you may face while trying to change the lawyer representing your case.
If you already have a lawyer but are unsatisfied for whatever reason with their services, the first step to take is to have an open and honest conversation with them about this. A lawyer provides you with a legal service, just like any other service, and often the issue might be reconciled with better communication.
Generally, the sooner in your case that you make a change of lawyers, the better. In some instances, it may be difficult to find a new lawyer if your case is too far progressed in the legal system as deadlines approach and schedules may conflict.
You will want to make sure your new lawyer has adequate time to read and become familiar with the disclosure in your matter, have any necessary meetings, speak to you, and prepare a strategy for your defence. Leaving a lawyer with little time to do these things may impact the quality of their services. Additionally, if it is far enough in your case, you may need permission from a Judge to change your lawyer, particularly where the case is complex, it is at a later stage, and where there is a co-accused. Courts generally frown on the practice of “lawyer shopping,” so if you have already made a number of council changes, you may not be permitted to make a subsequent change.
If you have discussed with your lawyer your concerns are still unsatisfied with the representation that you are receiving, or if you feel that this is an issue broader than a simple miscommunication and are planning on finding a new lawyer, you should do this before terminating your relationship with your previous lawyer to avoid ending up in a situation where you are unable to find any lawyer to take on your case.
If you have found a new lawyer who you would like to be represented by, it is best to communicate this directly with your old lawyer so that they can prepare to pass on any files that they might have. Your new lawyer may want to contact your old lawyer directly, in order to ensure that any information is passed on adequately, so be prepared for this.
Your retainer agreement with your old lawyer will dictate what happens after their legal services are terminated, and your lawyer will adhere to this agreement. Making a change of lawyers can be costly, because you will be required to pay your old lawyer for any services that they have already rendered, and you will be adhering to a retainer agreement with your new lawyer as well.
If you are using a Legal Aid certificate, it may be possible to change lawyers. Requests to do so may take up to 6 weeks to be processed, and are handled directly by Legal Aid Ontario, who must approve the change and permit you to hire a new lawyer.
At Collett Read we are regularly contacted by people who are unsatisfied with their current legal representation, often with poor communication being a substantial factor. If your lawyer is slow to reply, or you cannot contact them, this may cause you to lose confidence in them, which generally will indicate that the relationship must be terminated. If this is case for you, do not hesitate to contact us 24/7, as we will be happy to discuss your situation and make any necessary changes in your legal representation, wherever possible.