Should You Fire Your Lawyer? How to Know When It's Time (And How to Do It Right)

You're lying awake at 2 AM thinking about firing your lawyer.

Your court date is in six weeks. You've paid thousands of dollars. You have no idea what's happening with your case. And every time you try to find out, you get voicemail, vague reassurances, or nothing at all.

But firing them? That feels terrifying. What if the next attorney is worse? What if the judge thinks you're difficult? What if changing lawyers delays everything and makes it worse?

These are real fears. Let's deal with each one.

When You Should Fire Your Attorney

They're Not Communicating

Communication isn't a luxury — it's a basic professional obligation. If you consistently can't reach your attorney, can't get updates, and can't get answers to basic questions about your case, that's a fundamental failure.

The standard: you should be able to reach your attorney (or their office) within 48 business hours. Not every time. But consistently.

If you've documented multiple attempts over weeks with no substantive response, that's grounds for a change.

They Haven't Done Any Work

No motions filed. No independent investigation. No strategy discussion. No discovery review with you. Just court appearances and continuances.

If your case has been open for months and you can't point to a single concrete thing your attorney has done — not said they'd do, actually done — that's a problem.

They're Pressuring You on the Plea

A good attorney presents options. A bad attorney pressures you to plead guilty because it's easier for them.

Red flags:

"This is the best deal you're going to get" without explaining why
Refusing to discuss trial as an option
Getting visibly frustrated when you ask questions about the plea
Not explaining the consequences of the plea (immigration, employment, civil rights)
Never mentioning alternative dispositions (diversion, drug court, deferred adjudication)

They Don't Know Your Case

If your attorney confuses your facts with another client's, doesn't remember your charges, or asks you to "remind them" about basic details at every meeting — they have too many cases and yours isn't getting the attention it needs.

They Missed a Deadline

This is the most serious one. Missing a filing deadline — for a motion to suppress, a speedy trial demand, a discovery request — can permanently damage your case. If your attorney missed a deadline, you need to understand what was lost and whether it constitutes malpractice.

Your Gut Says Something Is Wrong

Defendants often know something is off before they can articulate it. If you've been feeling uneasy, if the answers don't add up, if you feel like you're being managed rather than defended — trust that instinct.

When You Should NOT Fire Your Attorney

You're Unhappy With the News, Not the Lawyer

Sometimes the evidence is bad. Sometimes the plea offer is the best realistic outcome. Sometimes the honest answer is one you don't want to hear.

A good attorney who tells you hard truths is better than a bad attorney who tells you what you want to hear. Before firing your lawyer for giving you bad news, ask yourself: is the news bad because of their work, or because of the facts?

You're Close to Trial

Switching attorneys 2-3 weeks before trial is extremely risky. The new attorney needs time to review discovery, prepare motions, and build a strategy. Judges may deny continuance requests, forcing a new attorney into trial unprepared.

Exception: If your attorney is genuinely incompetent and continuing with them guarantees a bad outcome, switching even close to trial may be better than the alternative. But this is a judgment call with high stakes.

You Had One Bad Interaction

Everyone has bad days. One unreturned call, one short conversation, one moment of frustration — that's human. The pattern matters more than any single incident.

Someone Online Told You To

Reddit is full of advice about firing lawyers. Some of it is good. Most of it comes from people who don't know your case, your jurisdiction, or your attorney. Make this decision based on your own documented experience, not internet strangers.

How to Fire Your Attorney (Without Hurting Your Case)

Step 1: Line Up New Counsel First

Do not fire your attorney until you have someone new. The court needs to know you have representation. Going without a lawyer — even briefly — can result in missed deadlines and waived rights.

Start by consulting 2-3 new attorneys. Most will do a free or low-cost consultation. Explain your situation honestly: what your current attorney has and hasn't done, where the case stands, and what your concerns are.

Step 2: Request Your Complete Case File

Before you notify your current attorney, request a copy of everything:

All discovery materials
All motions and court filings
All correspondence with the prosecution
All notes and work product
Your retainer agreement

You have a right to your file. Your attorney is required to provide it. Get it in writing: "I am requesting a complete copy of my case file for Case No. [X]."

Step 3: Handle the Money

Review your retainer agreement carefully:

How much of the retainer has been "earned" vs. remains unearned?
What does the agreement say about refunds?
Are there any fee dispute provisions?

In most jurisdictions, an attorney must refund the unearned portion of your retainer. If they refuse, you can file a complaint with the state bar's fee dispute resolution program.

Step 4: Notify Your Current Attorney in Writing

Send a formal letter (email is fine, but follow up with a physical letter):

"Dear [Attorney], I am writing to inform you that I am terminating your representation in [Case Name], Case No. [X], effective [date]. I have retained new counsel, [New Attorney Name], who will be filing a notice of appearance. Please forward my complete case file to [New Attorney] at [address] by [date]. Please also provide an accounting of all fees paid and work performed. Thank you for your time on this matter."

Keep it professional. Don't accuse or threaten. Just state the facts.

Step 5: New Attorney Files Substitution of Counsel

Your new attorney will file a motion for substitution of counsel with the court. This formally puts them on the case and removes the old attorney. The judge will usually approve this without issue, though they may ask questions to make sure you're making an informed decision.

Step 6: Brief Your New Attorney Thoroughly

Don't assume the file speaks for itself. Sit down with your new attorney and walk them through:

Your understanding of the facts
What your old attorney did and didn't do
Deadlines that may have been missed
Your concerns and priorities

What About the Money You Already Paid?

This is the question that keeps people with bad attorneys. "I already paid $10,000 — I can't just walk away from that."

Here's the thing: the money is already spent. Whether you stay or go, that $10,000 is gone. The question isn't "how do I get my money back?" — it's "how do I get the best possible outcome for my case going forward?"

Staying with a bad attorney to justify the sunk cost is one of the worst decisions a defendant can make. A new attorney at $7,500 who actually works your case is infinitely more valuable than a current attorney you paid $10,000 who doesn't.

You may get some of the retainer back. But even if you don't, your freedom is worth more than any retainer.

Will the Judge Think I'm Difficult?

Judges see attorney substitutions constantly. It's routine. They don't hold it against you. In fact, most judges would rather see a defendant with effective counsel than watch a case where the attorney is clearly not performing.

The only time this becomes an issue is if you're on your third or fourth attorney and appear to be using substitutions to delay the case. One switch — especially with documented reasons — is completely normal.

Can I Fire My Public Defender?

Technically, you don't "fire" a public defender — you request a new appointed attorney. This is harder than switching private attorneys because:

The court may not grant the request without a showing of "good cause"
"I don't like my attorney" isn't usually enough — you need specific, documented issues
The new appointed attorney may come from the same office

Document everything. Specific failures, specific missed deadlines, specific communication breakdowns. Present these to the judge in a written motion. The more concrete your evidence, the better your chances.

Before You Fire Anyone: Get a Second Opinion

The hardest part of this decision is that you're making it without enough information. You know something feels wrong, but you're not sure if it's your attorney or just the stress of the case.

That's why a case review from someone outside the attorney-client relationship can be so valuable. We look at what's been done, what should have been done, and what your options are — so you can make this decision with actual information instead of gut feelings alone.

This is legal information, not legal advice. We are not attorneys and do not provide legal representation. We provide research, analysis, and questions to help you work more effectively with your attorney.