A practical guide for clients considering a change in legal representation | Lawyers Who Speak
Choosing a lawyer is an important decision but it is not always a permanent one. Sometimes, after a case is already underway, you may realize that your current lawyer is not the right fit. Perhaps communication has broken down, you feel your concerns are not being heard or you simply no longer have confidence in the direction your case is heading.
Whatever the reason, you have the right to change lawyers at any point during your case. Switching lawyers mid-case can feel daunting, but with the right approach it can be done smoothly and without significantly disrupting your legal matter. This guide walks you through everything you need to know.
You Have the Right to Change Lawyers
In Canada, you have the legal right to change your lawyer at any time. The lawyer-client relationship is built on trust and communication, and if that relationship has broken down, you are not obligated to continue with a lawyer who is no longer serving your interests. That said, switching lawyers mid-case does come with some practical considerations, particularly around timing, costs and the transfer of your file. Understanding these in advance will help you make a smooth transition.
Common Reasons People Switch Lawyers
There is no single reason why someone decides to change their lawyer. Some of the most common include:
- Poor communication – calls and emails go unanswered for long periods of time
- Feeling uninformed – you are not being kept up to date on the progress of your case
- Loss of confidence – you no longer trust the lawyer’s judgment or strategy
- Language barriers – you are struggling to communicate clearly in your lawyer’s language
- Unexpected costs – bills are higher than estimated or not clearly explained
- Lack of attention – you feel your case is not being given the time and focus it deserves
- Personality conflicts – the working relationship has become difficult or uncomfortable
- Change in circumstances – your legal needs have shifted and your current lawyer no longer has the right expertise
If any of these resonate with you, it may be worth considering whether a change in representation is the right move.
Before You Switch: Try to Resolve the Issue First
Before making any decisions, it is worth trying to address the issue directly with your current lawyer. Many problems stem from miscommunication or unmet expectations that can be resolved with an honest conversation. Request a meeting and clearly explain your concerns. A good lawyer will take your feedback seriously and work to address it. If after that conversation you still do not feel confident in the relationship, then switching may be the right decision.
Step 1: Find a New Lawyer Before You Leave Your Current One
One of the most important things you can do when considering a switch is to find your new lawyer before you formally end things with your current one. This ensures there is no gap in your legal representation, particularly if your case has upcoming deadlines or court dates.
When looking for a new lawyer, consider not just their experience and expertise but also how well you can communicate with them. If language has been a barrier in your current relationship, this is the time to find a lawyer who speaks your language fluently. At Lawyers Who Speak, you can search for multilingual lawyers in Toronto and the GTA by language, practice area, and location making it easier to find someone who is both qualified and easy to communicate with. During your consultation with a potential new lawyer, be upfront that you are currently represented and looking to switch. A reputable lawyer will handle this professionally and can advise you on the transition process.
Step 2: Review Your Retainer Agreement
Before you formally end the relationship with your current lawyer, review the retainer agreement you signed at the start of your case. This document outlines the terms of your legal relationship, including what happens if you decide to terminate it.
Pay particular attention to:
- Termination clauses – what notice is required and what the process is for ending the relationship
- Outstanding fees – whether you owe any unpaid amounts for work already completed
- Retainer balance – whether any unused portion of your retainer will be refunded
- File transfer – what your rights are regarding access to your documents and case files
If anything in the retainer agreement is unclear, your new lawyer can help you understand it before you proceed.
Step 3: Formally End the Relationship With Your Current Lawyer
Once you have found a new lawyer and reviewed your retainer, you can formally notify your current lawyer that you are ending the relationship. This is typically done in writing, a short, clear letter or email stating that you are terminating their services and requesting the transfer of your file.
You do not need to provide a detailed explanation, though you may choose to. Keep the communication professional and focused on the practical steps of transferring your case.
Your termination letter or email should include:
- A clear statement that you are ending the lawyer-client relationship
- A request for your complete file, including all documents, correspondence, and notes
- A request for an accounting of any funds held in trust on your behalf
The name and contact information of your new lawyer, if you have one, so your file can be transferred directly
Step 4: Get Your File Transferred
In Canada your file belongs to you. Your former lawyer is legally obligated to provide you with your documents once the relationship is terminated, subject to any outstanding fees being settled. In most provinces, a lawyer cannot withhold your file simply because you owe them money, though they may be entitled to retain certain documents until fees are paid, depending on the circumstances. Your new lawyer will typically handle the file transfer process on your behalf. They will contact your former lawyer directly and arrange for all relevant documents, correspondence, court filings, and notes to be transferred over. This process usually takes a few days to a couple of weeks depending on the complexity of the case.
What About Outstanding Fees?
One of the most common concerns when switching lawyers is what happens to any money already paid. Here is what you need to know:
- Work already completed – your former lawyer is entitled to bill you for any legitimate work they have done on your case up to the point of termination
- Unused retainer – if you paid a retainer upfront and there is money remaining after fees are accounted for, your former lawyer must return that balance to you
- Disputes over fees – if you believe you have been overbilled or charged for work not completed, you have the right to request an itemized bill and, if necessary, seek a fee review through your provincial law society
Keep in mind that switching lawyers does mean paying for two lawyers to get up to speed on your case, your former lawyer for work already done, and your new lawyer to review the file and take over. This is an unavoidable cost of making a change, but in many cases it is well worth it.
Timing Matters: When to Switch and When to Wait
Timing is one of the most important factors when switching lawyers mid-case. While you can technically change representation at any point, some moments are better than others.
Better times to switch:
- Between major milestones, such as after a court hearing and before the next scheduled date
- Early in the case, before significant work has been done
- When there is enough time for a new lawyer to get properly up to speed before any deadlines
More challenging times to switch:
- Immediately before a trial or important court hearing
- When there are urgent deadlines that a new lawyer may not have time to prepare for
- When settlement negotiations are at a critical stage
If you are in a time-sensitive situation, discuss the timing carefully with your prospective new lawyer before making any moves. They can advise you on the safest and most practical way to proceed.
The Bottom Line
Switching lawyers mid-case is not a decision to take lightly, but it is also nothing to be afraid of. If your current legal representation is not working for you, whether because of poor communication, a language barrier, unexpected costs, or a simple loss of confidence you have every right to make a change.
The key is to approach the transition carefully: find your new lawyer first, review your retainer, communicate professionally with your current lawyer, and give your new lawyer enough time to get properly up to speed. Done thoughtfully, switching lawyers can give your case the fresh start it needs.
Looking for a New Lawyer?
If you are considering switching lawyers and are looking for someone who speaks your language, Lawyers Who Speak can help. Search Canada’s multilingual legal directory by language, practice area, and location to find a qualified lawyer in Toronto and the GTA who can communicate with you clearly and confidently.
Visit lawyerswhospeak.ca to start your search.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified legal professional for advice specific to your situation.