A criminal charge can be a stressful experience having the best criminal lawyer by your side can make all the difference in your case and in how you learn about and progress through the case. But what if you don’t think you have the right criminal lawyer now or your defence isn’t getting the focus it needs? Can you change your lawyer while your criminal case is already underway?
Yes, you can switch lawyers during a case in Ontario in most situations. The steps to do so might vary depending on when in your case proceedings you are, your payments, court days, and if changing your lawyer will add time to your case.
When Should You Consider Changing Your Criminal Defence Lawyer?
A lawyer-client relationship is built on communication, trust, and understanding of your legal plan. If any of those are missing, you may have a valid reason to walk away.
Some common reasons include:
Your lawyer is unresponsive to your valid questions and doesn’t communicate the essential aspects of your case.
You are worried that your lawyer does not have a clear grasp of the evidence, charges, or possible defence.
Uncertain legal approach: You’re not sure how the lawyer will handle your case in preparation for trial.
A conflict may mean that your lawyer cannot be retained to continue representing you.
You and your lawyer are unable to work together after trying to address your concerns.
Have an honest conversation with your current attorney before switching attorneys. Sometimes talking through the problem is enough to get you a better attorney.
Is There Still Time to Change Attorneys at a Criminal Trial?
Much of the time, a person may switch lawyers even after criminal proceedings begin. Timing is the primary consideration.
Trying to change a lawyer at this stage might allow the new lawyer to go through the file, get disclosure, understand what has happened to cause the charge, and plan a defence.
If your case is close to trial or is already in trial, switching lawyers can be more difficult. The court may have to address cases on its docket and the effect of the change on the trial date. The judge may not grant the party a delay.
For this reason, you should talk to your new lawyer about the timing of your switch before you cut ties with your current attorney. Also follow all court orders, discharge restrictions, and scheduled appearances during this process.
What Is the Process for Changing Your Criminal Lawyer?
While the specifics of the method will vary for each person, consider these strategies to successfully manage the process.
1. Define your concerns
Jot down the concrete reasons that have compelled you to think about a change. Be specific with problems, whether it’s communication, preparation, legal guidance, or breach of trust.
2. Find a new criminal defence lawyer
Consult with a different Ontario lawyer who practices criminal law. State what you have been charged with, what the court proceedings are up to, your next court date, and if there is a deadline. Inquire if they have room to take your case.
3. Check costs and debts
If you paid your current lawyer directly, examine your retainer and get an explanation of the work done and what you still owe. Depending on the terms of your retainer, your current fees may be different.
4. Arrange the transfer of your case file
Coordinate the passing on of any documents, correspondence, court file, and Crown disclosure to your new lawyer. This will give your new lawyer the background of your case and bring any issues to their attention.
5. Complete the formal change of representation
Your new lawyer will be able to tell you what procedural steps will need to be taken in order to have the change reflected in the court record. There may be other procedures that will have to be followed, depending upon the situation.
Can You Change Your Lawyer If You Have Legal Aid?
If your criminal defence is being paid for by Legal Aid Ontario, there may be extra requirements to change your criminal lawyer.
In most situations, a client who has an approved legal aid certificate needs permission before they can switch lawyers. Each request is made on a case-by-case basis and is reviewed based on the nature of the request, the time period and work done, and the nature of the relationship with the client.
Getting approved is not immediate, and approval can take some time. If you are on legal aid and thinking of changing your lawyer, get in touch with Legal Aid Ontario to find out how to apply and what options you have.
See the official guidance on the Legal Aid Ontario website.
Why Choose a Brampton Criminal Lawyer for Your Case?
If you have been charged with a crime in Brampton, selecting a lawyer to represent you can be an essential first step toward understanding the legal process you face, your legal rights, and your options. A Brampton criminal attorney can evaluate your case, advise you on the legal process, and help identify possible defence strategies.
Ask your prospective new lawyer about any relevant criminal defence experience, as well as their communication style, fees and availability, and whether they can explain the strengths and weaknesses of your case to you. Also ask how they intend to transfer your file from your previous lawyer, including disclosure, upcoming court dates, and deadlines.
No matter the nature of your offence – whether you are accused of assault, you are charged with impaired driving, shoplifting, committing fraud, or any other criminal offence, counsel specific to your situation can steer you through the decisions you will need to make.
Before deciding to switch lawyers, call a professional criminal defence lawyer in Brampton and tell them your issues and see what would be the best course of action.
Final Thoughts
You CAN change your lawyer in a criminal case in Ontario, but you’ll need to plan carefully. Think about why you want to change lawyers, how far along you are in your case, whether there could be costs, and how long a new lawyer might need to prepare.
Most importantly, don’t make the mistake of believing that switching lawyers will necessarily push your case back to a later court date or somehow alleviate the burden of your case. Consult with an independent legal professional before making the switch, and ensure the switch itself is handled correctly so your defence remains the priority.
