How to Fire an Attorney in a Criminal Case

If you are in need of a criminal lawyer you have two options: 1.) Have a lawyer appointed for you or 2.) Hire your own lawyer. Whether you have a court-appointed or a private attorney you may need to fire or release the attorney that is currently representing you. Reasons for firing the attorney could be that you do not like how she is handling the case, you feel that she isn't representing your needs, you cannot continue to pay the fees for a private attorney or for any reason really. Before you fire your attorney consider the potential ramifications and complications it may cause for your case. Criminal matters are very serious and firing your attorney maybe a rash decision.

Things You'll Need

• Your contract with your current attorney Attorney substitution form; signed by you, your new attorney, and the former attorney Documentation of what has occurred in your case Copy of your discovery File that your attorney has on you

Instructions

1. Before you actually fire your attorney, schedule a time or stop by his office and talk with him. If there is a miscommunication or an issue, you may actually be able to solve it. The majority of lawyers are very reasonable and want to keep you as a client. Try and solve any issue you are having before you waste time and money.

2. If you have a court-appointed attorney (i.e. a public defender) and want to fire her you might not be able to do so. If you are trying to get a new court-appointed attorney because you don't like the one you have or think she is not doing a good job, you will have to show the court that your case is being hindered and your liberties are at stake. The judge is most likely not going to let you switch court-appointed attorneys without really good cause.

3. If you are hiring a new attorney you can dismiss your court appointed attorney at any time. You have every right to hire your own private counsel. Contact your court appointed attorney. Most often the attorneys will handle signing the substitution of attorney form and exchanging the discovery.

4. Firing Your Private Attorney -- Look Over Your Contract

   When you hire an attorney you should have signed a representation agreement. Attorneys are supposed to include a clause about your right to fire them. You of course can fire an attorney for any reason. Make sure to look over your agreement in regards to fees. Depending on where you are in your case, how many appearances the attorney has made and the work already put into your case you may not be able to receive a refund. Also, your retainer or entire fee may be non-refundable.

5. Notify Your Attorney

   Once you have decided to fire your attorney notify them immediately. The last thing you want if for them to continue to work on your case. Depending on whether you have already hired a new attorney you may need to get a copy of your file from your attorney. This could take a few days so make sure you ask for it immediately.

6. Appoint a New Attorney

   If you fired your attorney because you can no longer afford them you will need to contact the public defenders office or court immediately. The court will appoint an attorney to your case. However, if you do not let the court or someone know what is going on it can negatively affect your case.

7. Hire a New Attorney

   If you are planning on hiring a new attorney this also must be done immediately. Any delay in your case is not looked well upon by the court. If fire an attorney too many times the court may not let you do so depending on the status of your case. They will think that you are just trying to waste time and resources. Hire your new attorney and make your first court appearance.

8. Let the Attorneys Do the Work

   In this type of situations the attorneys will handle most of the work. They will get the forms filled out and filed, they will exchange the file and make the court appearances. Again make sure that firing your attorney is not going to hurt your case.