Changing Attorneys Child Custody and Conservatorship

Texas Criminal and Family Law Attorney

An attorney can be dismissed by his or her client any time prior to the end of a trial. A client can fire an attorney, even if the attorney has provided useful representation and whether or not legal fees are owed. In fact, clients do not even need a specific reason to dismiss their attorney. Commonly attorneys are dismissed for:

• Increased legal needs
• Attorney fails to return client communication
• Client believes they are being led astray
• Attorney has an apparent conflict of interest
• Attorney refuses to consider client requests
• Client decides to reject a plea bargain or refuses to negotiate against the attorney's advice

What Happens if I Change My Attorney in the Middle of My Case?

If you decide to change your attorney midway through trial, you are required to pay him or her for services rendered. If, however, you have evidence the lawyer acted improperly or is guilty of legal malpractice, you can refuse payment. If you agreed to a contingency fee, you will likely be required to pay your former attorney a percentage of any award or settlement you receive at the end of the trial.

Court Appointed Lawyers in Criminal Cases

If you were provided with a court-appointed lawyer in a criminal defense case and cannot afford to hire your own attorney, the court will typically not assign a new attorney to your case, even if you are unhappy with the legal services you are currently receiving. If, however, you can prove that your court-appointed lawyer is unqualified to represent you or is guilty of legal malpractice, you may be assigned new legal counsel.

What happens to all the Work My former Attorney Performed?

Once you dismiss your current lawyer, he or she should turn over all work and documentation to you or your new attorney. Any documents considered to be internal records or law firm memos can be withheld if they do not have any impact or relevance for your case. It is also important to remember that a decision to change attorneys will not change the facts or charges involved in your case or the deadlines you are required to meet.

Continuances and a Change of Attorneys

If circumstances surrounding your case and decision to change attorneys recommend that your trial be delayed, a continuance can be requested of the court. A continuance allows you and your new attorney time to reconsider strategy, organize evidence and enter the courtroom prepared. A continuance is not automatic, however. In general, if the court believes a change in counsel is justified, it is more likely to grant a continuance.

Contact the Law Offices of Bill Baskette

It's important to remember that hiring an attorney creates a contractual relationship. If you are thinking of changing your attorney, you must first consider both the legal and financial consequences of doing so. If you have questions regarding changing lawyers, contact the Law Offices of Bill Baskette today to learn how I can help you.