Can You Change Lawyers in the Middle of a Criminal Case?

During a criminal case, you might decide that you don’t like the legal strategy your defense lawyer is using or simply that you don’t like them. You might consider switching defense lawyers in Indianapolis in the middle of your case. Here is what you need to know about this critical issue:

Reasons You Might Want to Change Lawyers

Clients may decide to fire their lawyer for many reasons, including:

  • They don’t trust them. 
  • They have a public defender and want to hire a private lawyer who will have more time and resources to devote to their case.
  • They want a more experienced attorney.
  • Their attorney has made a mistake that has damaged their case. 
  • They disagree with their lawyer’s strategy. 
  • Their lawyer doesn’t communicate with them.
  • Their attorney doesn’t explain how their attorney fees will be paid or overbills them.

Steps to Take Before Changing Lawyers

Now that you’ve decided to change lawyers, it’s essential that you do so in a way that protects your rights and prevents you from sabotaging your case. Follow these steps to minimize potential pitfalls:

  • Review your contract. Read over any included information about terminating your existing attorney/client relationship and arrangements regarding any outstanding fees. 
  • Request your file. Ask your current lawyer for your file. 
  • Look for a new lawyer. Check other attorney websites and read client reviews. Lock in a new lawyer before firing the other one so that you won’t miss important deadlines in your case. 

How to Change Lawyers

Here are the steps you will need to take to officially change lawyers:

  • Notify your current lawyer. Send a certified or registered letter that states you are ending the attorney/client relationship. Request that the lawyer cease all work on your case. Ask for the following information:
    • Your file
    • A refund for any work that has not been completed on your case yet
    • An itemized invoice for any pending fees
  • Sign your new retainer agreement. You will need to sign a contract with the new lawyer, asking them to take over your case.
  • Contact the court. Depending on where the case is at, you might need to request approval or simply notify the court of your change in attorney. This step will ensure that your lawyer is contacted regarding any pending matters related to your case. 

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Considerations Before Changing Lawyers

You have the ultimate choice of who you want to represent you in the criminal case, as you should, since your life and freedom are at stake. Some things you might consider, though, can include:

  • The sooner you substitute legal counsel in your case, the better and more seamless the process can be.
  • Switching could lead to additional legal expenses.
  • The judge could deny a request to substitute counsel if the chance is near a trial date and would lead to unnecessary delays.
  • The judge could see multiple changes in your legal counsel as a way to delay the proceedings, which could affect how they feel about you. 

Learn More About Switching Lawyers When You Contact The Criminal Defense Team 

At The Criminal Defense Team of Baldwin Perry & Wiley PC, we want you to feel comfortable with the lawyer who will be working closely with you in the coming months. If you’d like to discuss the prospect of changing lawyers, call us at  (317) 687-8326.