Can I Change Lawyers in the Middle of a Case?

As a party in legal proceedings, you want to have the best legal representation you can get — but what happens if you feel you need someone different? As with doctors or counsellors, the lawyer-client relationship must be one of trust and openness. You need to have confidence in your lawyer. A client may hesitate to change lawyers partway through a case because they have already spent a lot of money and the lawyer may have done a lot of work on the file. There is also no guarantee that the next lawyer will be that much better. In this article, we’ll discuss when and how you can change lawyers in the middle of a case.

Is It Possible to Change Lawyers Mid-Case?

Rule 15.03 of the Rules of Civil Procedure allows parties to change lawyers when proceedings have already started. In theory, you can change lawyers at any time — even during a trial itself — but you shouldn’t take this decision lightly.

• Your new lawyer needs to get up to speed. The longer your case has been going on, the more time (and fees) your new lawyer needs to catch up. You usually have to pay certain costs for a case handover — usually copying of the paper file or a jump drive/scanning for a paperless transfer. If you pay this cost (and any outstanding fees you owe), there is no reason for the lawyer to withhold your case file.

• Changing lawyers may cause delays in your proceedings. Timing is important. If you are closer to the beginning of the court process, there won’t be as much impact to your case progression. If you have scheduled hearings or even a trial, your new lawyer may need to make a motion to reschedule them: because of unavailability or because they need time to prepare. 

• Court approval may be required. Most judges are understanding when it comes to changing lawyers, but they will not tolerate what they see as abuse of the court process. The closer you are to trial, the more it may look like an attempt to throw off the case timeline. You will need to explain why you are making this decision so late in the game. If you have changed lawyers multiple times or you don’t have a good explanation. the court may deny the request. The other side could also ask that you pay the legal costs associated with the delays.

Reasons for Wanting to Change Lawyers

There are actually a number of justifiable reasons to switch lawyers.

• Incompetence: You perceive that your lawyer isn’t handling your case effectively. Perhaps they are much more inexperienced than they had let on, unsure of the best thing to do, unfamiliar with the law, missing deadlines, or unable to keep facts straight — and this is hindering your case.

• Loss of trust: You feel that your lawyer isn’t acting in your best interest. Perhaps you don’t feel that they understand your side, sympathize too much with the other side, or are not fighting hard enough for your legal rights.

• Differences in strategy: You and your lawyer disagree on how to proceed. Perhaps you wanted a “bulldog” in your corner — or someone who is open to reasonable settlement — and you discover that they are not.

• Personality conflicts: You and your lawyer’s personalities clash so drastically that it hinders the lawyer-client relationship.

• Lack of communication: This is actually the number one complaint the Law Society gets. Many clients get understandably frustrated if they feel their lawyer keeps them in the dark. There is no reason your lawyer should ignore your queries or not bother explaining what they are or are not doing on your file.

The Law Society of Ontario’s Rules of Professional Conduct can provide guidance regarding lawyer-client dealings.

Ensuring a Smooth(er) Transition When Changing Lawyers

Good lawyers understand that the lawyer-client relationship is paramount to getting the best legal outcome. Most will not do anything to hinder a case transfer to a new lawyer — but here are a few tips to make the transition smoother.

• Retain the new lawyer before you leave the first one. Sometimes the new lawyer can facilitate the transfer with the previous one to make it happen faster. Additionally, telling your current lawyer you want to leave without lining up the successor may make the remaining time/interactions with them more awkward than they need to be.

• Have a straight-up conversation with the current lawyer. Maybe they are happy to do something different but don’t know that you have doubts. Alternatively, they agree that the relationship isn’t working out and have someone to refer you to. It’s always better to leave on good terms.

• When possible, change lawyers earlier in the process rather than later. The longer you are with one lawyer, the more costly both in terms of time and money. You may be doubling the effort (and legal fees) and impacting the flow of your case. As soon as you start to wonder about your relationship with your lawyer, have that talk with them so that you can resolve things or move on before it gets complicated.If you have decided to change lawyers, Allan Rouben, would be happy to speak to you. In my 35+ years as a practicing lawyer, my clients trust that I provide solid legal advice and work with them to get the best outcome.  Contact me to set up a consultation.

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