When you’re facing a legal matter, especially one as sensitive as divorce or child custody, having a trustworthy and competent attorney is crucial. But what happens if you lose confidence in your attorney just before trial? Can you fire your attorney before trial? And when is it too late to fire your attorney?
These are critical questions every client should understand. The good news is, in most cases, you still have the right to fire your lawyer—even just before trial. Let’s walk through the considerations, risks, and steps you need to take.
Understanding Your Right to Change Attorneys
As a client, the law protects your right to legal representation of your choice. This means that even if your trial date is approaching, you can fire your attorney—as long as the court approves the change if proceedings are already in motion.
However, there are conditions. Courts prioritize the smooth operation of their schedules, so late-stage attorney changes are scrutinized. Judges want to ensure that such decisions are not being used to delay or manipulate the legal process.
Why Fire an Attorney Before Trial?
It’s never ideal to switch attorneys close to trial, but sometimes, it’s necessary. Reasons might include:
· Your attorney isn’t adequately prepared
· There’s a breakdown in communication or trust
· You feel your legal strategy is weak or misguided
· Ethical concerns arise
· Your attorney ignores your input or fails to explain the case clearly
If these problems persist, they can seriously undermine your chances in court.
How Late Is Too Late?
In most family law cases, including custody and divorce disputes, the courts allow attorney changes up until trial begins. But here’s the catch:
· If your attorney has already submitted pre-trial motions or documents, the judge may hesitate to allow a change unless the issue is significant.
· If you request a change just days before trial, the court may deny it—especially if the change will cause delays or disadvantage the other party.
So while you technically can fire your attorney before trial, doing so requires clear and justifiable reasons to avoid legal roadblocks.
Steps to Take Before Making the Switch
Firing your attorney should not be an emotional or rushed decision. Follow these steps to protect your case:
-
Evaluate Your Concerns
Are your issues based on miscommunication or actual negligence? Clarify this before taking action. -
Consult Another Lawyer
If possible, have another attorney lined up who can take over immediately and quickly understand your case. -
Review Your Contract
Understand any termination fees or clauses related to firing your attorney. You may still owe fees for work already completed. -
File a Substitution of Attorney
Your new attorney will need to file a formal Substitution of Counsel form with the court to notify all parties of the change.
Risks of Firing an Attorney Before Trial
Changing attorneys close to trial isn't without risks. These include:
· Delays in your case if your new lawyer needs more time to prepare
· Higher costs due to duplicated work
· Judicial scrutiny if it appears to be a delay tactic
· Strategic disadvantages if your new lawyer is unfamiliar with the case details
However, if your current attorney is ineffective, the risk of staying with them could be far worse than switching.
How to Explain the Change to the Court
Judges don’t want to hear that you’re simply “not getting along” with your lawyer. They want concrete reasons:
· “My attorney failed to file necessary motions on time.”
· “There has been a breakdown in communication that affects my ability to participate in the trial.”
· “The attorney has shown a lack of preparation or commitment.”
A professional and specific explanation increases the likelihood the court will allow the change.
At JOS Family Law, We Help Clients Move Forward
If you’re considering replacing your current attorney—especially during a family law dispute—timing and experience matter. At JOS Family Law, we understand the urgency of pre-trial representation. Our team can step in quickly, evaluate your case, and get you back on solid legal ground.
Final Thoughts
It’s your case. It’s your future. And it’s your right to be represented by an attorney who will fight for you. While firing your attorney before trial can be complex, it’s often the right move when your confidence in your representation is gone. Act early, act wisely, and make the change if it’s truly in your best interest.