Can you fire your lawyer and get a new one?

Asked by: Henriette Orn  |  Last update: September 9, 2025
Score: 4.4/5 (64 votes)

You have the right to fire or change your lawyer at any time. This article explains how to fire or change your lawyer. Note about criminal cases: You can hire any lawyer you like, and you can change that lawyer by replacing them with another lawyer with the judge's permission.

Can I fire my attorney and hire a new one?

Yes, you can fire a lawyer at any time, and get a new one.

What is it called when a lawyer doesn't do his job?

Any time an attorney fails to meet the expected standards of his or her profession, their clients could take legal actions against them for what is called “legal malpractice.”

How much does it cost to switch lawyers?

No Penalty For Switching

Changing lawyers can seem like a daunting proposition—but it happens all the time. There are two important things you need to know about changing lawyers: #1: Changing Lawyers Does NOT Cost You More Money. Presumably, when you hired your first lawyer you signed a contingency agreement.

How do you tell a lawyer you no longer need their services?

Always terminate the relationship in writing.

Even if you fire your attorney in a verbal exchange, you should follow up by sending a written termination letter. Be sure to send the letter by “certified mail with return receipt requested” so there's proof your lawyer received the letter.

WHEN TO FIRE YOUR LAWYER

39 related questions found

Can I change my lawyer?

Yes, in California, you absolutely have the right to change attorneys at any point in your personal injury case. The attorney-client relationship is built on trust, and if that trust is broken or you feel your needs are not being met, you can seek new representation.

What not to tell a lawyer?

Eight Things You Shouldn't Say to Your Lawyer
  • Do Not Say Anything to Your Attorney That Is Not True. ...
  • Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
  • Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.

How do I know if my lawyer is bad?

Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.

Can you ask for a new lawyer?

Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. Ideally, it would be good to speak with your lawyer about what is making you unhappy or uncomfortable and give that lawyer the chance to fix the problem.

Is changing lawyers a delay tactic?

Changing attorneys could significantly delay proceedings. A judge needs to approve the change due to the case's stage.

Can I sue my lawyer for not doing a good job?

Lawyers may make mistakes from time to time. A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What is the most common complaint against lawyers?

According to the ABA, the most common attorney discipline complaints filed with the bar association involve:
  • Neglect.
  • Lack of communication.
  • Misrepresentation or dishonesty.
  • Scope of representation.
  • Fee disputes.

Can you get a lawyer fired?

Under California law, you have the right to terminate your attorney-client relationship if you are dissatisfied with your attorney's performance.

Can I cancel my lawyer?

Fortunately, California law permits you to terminate your contract for legal representation. Also, you are not prohibited from changing lawyers. California law allows you to terminate the services of one lawyer and immediately upon doing so retain the services of another.

What is it called when you want to fire your attorney?

Termination Notice:

If your concerns are not resolved or if you have made the decision to terminate your attorney, you will need to provide a termination notice. This can be done through a formal written letter, clearly stating that you are terminating their services and the reasons behind your decision.

Can you get a retainer fee back if nothing was done?

Any unearned retainer fees that are not used can be returned to the client. Earned retainer fees are the portion of the retainer that the lawyer is entitled to after work begins. Earned retainer fees may be granted to the lawyer bit by bit, depending on the number of hours worked.

How do I fire my lawyer and get a new one?

Firing Your Lawyer

If you do decide to fire your lawyer, you should do so in writing. Your letter should set forth and document any conduct or reasons supporting your decision. It should also give instruction as to where he or she needs to send your file.

Is it wise to tell your lawyer everything?

In conclusion, if you're facing criminal charges, it is important to be honest and open with your attorney about the details of your case. Attorney-client privilege ensures that the information you provide will be kept confidential, and your attorney will work to provide you with the best possible representation.

How do I get a new appointed lawyer?

To change your public defender, you generally need to write a letter to the judge in your case or contact the public defender's office, depending on the rules in your state. Make sure you keep good notes of what you believe to be the biggest problems with your attorney.

How to fire an attorney and get retainer back?

In order to avoid any potential financial backlash from your decision, you should fire your attorney using a notarized letter that you've sent to him or her via certified mail. This letter must outline the reasons that you've chosen to fire him or her and demand the repayment of any unused portion of your retainer.

What to do if you don't trust your lawyer?

If you think your attorney has acted unethically

You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

Can a lawyer turn against you?

The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.

How do you tell if you have a good lawyer?

Do not focus solely on case outcomes; read what others say about a firm's conduct. Were they professional, punctual, and supportive? Did they go the extra mile to make the client feel included in the legal process? These reviews can be helpful as you decide whether a law firm deserves your trust.

How do you know if your lawyer is selling you out?

How Can You Tell If Your Lawyer Is Selling You Out?
  • They Regularly Miss Deadlines and Appointments. ...
  • They Show a Lack of Interest in Your Case. ...
  • They Are Pushing You Too Quickly or Forcefully to Settle. ...
  • They Fail to Return or Answer Your Calls. ...
  • They're not Transparent in Billing and Payment Practices.

Should you let your lawyer do all the talking?

In most cases, it is always best to let your attorney do the talking. If you hear a major issue or inconsistency, immediately alert your attorney privately.