How to Fire Your Lawyer and Switch Attorneys
8 min read · Updated March 2026
Your Right to Change Lawyers
You can fire your lawyer at any time for any reason. This is a fundamental right in the attorney-client relationship. Common reasons include poor communication, lack of progress, disagreements about strategy, discovering conflicts of interest, and loss of confidence. You do not need your lawyer's permission to end the relationship.
Steps to Switch Attorneys
First, find a new attorney before firing the old one to avoid gaps in representation. Next, notify your current attorney in writing that you are terminating their services. Request your complete file (they must provide it). Sign a substitution of counsel form for the court. Review and settle any outstanding billing. Your new attorney can handle much of this transition.
Financial Considerations
You owe your former attorney for work already performed. Review itemized bills for accuracy. Unused retainer funds (refundable type) must be returned. In contingency cases, the former attorney may claim a portion of the eventual settlement based on quantum meruit (reasonable value of services). Get the financial split addressed in writing before the switch.
Timing Considerations
The best time to switch is between major case milestones. Avoid switching right before trial if possible, as courts may not allow last-minute substitutions. If your case has a pending deadline, the new attorney needs time to get up to speed. The worst time to switch is never — a bad attorney is worse than the disruption of changing.
Frequently Asked Questions
Can my lawyer refuse to give me my file?
No. Your file belongs to you. Attorneys must turn it over promptly upon request, regardless of any fee disputes.
Will switching lawyers hurt my case?
A temporary slowdown is possible while the new attorney reviews the case, but a better-suited attorney typically improves outcomes in the long run.