Court & Hearings

You have the right to fire or change your lawyer at any time. This article explains how to fire or change your lawyer.

Note about criminal cases: You can hire any lawyer you like, and you can change that lawyer by replacing them with another lawyer with the judge’s permission. However, the right to choose or change your lawyer does not extend to a free or appointed lawyer. For example, you may not pick or choose the public defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer you want.

Things to think about before you fire or change your lawyer

There are many important things to think about before deciding to fire or change your lawyer. The biggest impact of firing or changing lawyers might be a delay in your case and an increase in your legal fees. You may also lose any fees already paid. First, you should consider why the relationship is not working. Then, try to figure out if there are ways to resolve your concerns without firing your lawyer.

You should also consider whether you will need to find another lawyer to represent you. Depending on the stage of your court case, you may need the court’s permission and a valid reason to fire your current lawyer. Your new lawyer may need to ask the court to delay your case for a short time to learn about the facts of the case. It’s up to the judge to decide whether to approve a trial When the issues of a case are heard in court and decided by a judge or jury delay or not. 

You may plan to ask for a lawyer referral through Illinois Legal Aid Online. However, you will need to fire your current lawyer first before applying for a lawyer referral.

If you plan to find and hire a new lawyer on your own, it’s better to find a new lawyer before firing your current one to reduce delays to your case. 

Read the agreement you signed with your lawyer

When you hired your lawyer, you likely signed an agreement with them. This agreement is called an engagement letter or fee agreement. Before you fire your lawyer, you should read the agreement to see if there are any instructions on how to end the relationship with them. If the agreement includes those instructions, you should follow them.  

You should also read the agreement to see what kind of fee arrangement you have.  Even if you fire your lawyer, you will still owe them for the work that they have already done for you. 

Let your lawyer know that you want to end the relationship

Inform your lawyer in writing as soon as you decide to end the lawyer-client relationship. You can do this through a letter or email. Be polite and professional when communicating. Ask the lawyer to stop work on any of your matters. Request that they give you or your new lawyer access to your case file and important documents. They must give you copies of your case file if you ask. Send the letter via certified or registered mail to have proof that your lawyer received the letter. 

In the letter, you should:

1. Include instructions on where your lawyer should send further communications about your case. 
2. Ask for a copy of your files. If you have hired a new lawyer, they will want to see your files as soon as possible.
3. Clearly state that you are ending the lawyer-client relationship. Make this clear at the beginning of the letter, as it is the main purpose of the letter. 
4. (Optional) Include your reasons for ending the relationship. You don't have to, but you can briefly explain why you are ending the relationship. Be respectful and formal in your writing.
5. (Optional) You can let your lawyer know if you are thankful for their assistance.

If you paid a retainer to your lawyer, ask your lawyer to return any unearned fees. Follow up to check that the lawyer got your termination When something ends notice and completed the appropriate steps to finish your case and transfer papers.