Can I change lawyers in the middle of a case? It’s a question you may find yourself asking at some point or another if you feel like you’re not getting the best out of your attorney-client relationship. You may feel your lawyer is unprepared, or worse — that you’ll end up getting convicted.
Combs Waterkotte’s Missouri criminal defense lawyers have seen it all. We’ve helped clients transition from an untenable situation to a more stable legal arrangement hundreds of times.
If you’re agonizing over the decision of changing lawyers in the middle of your case or you just don’t know how to get the process started, we’re here to help. Knowing the ins and outs of switching attorneys can help you to make an informed decision and end up with the best legal defense possible.
Call Combs Waterkotte right away at (314) 900-HELP or contact us online to schedule a free consultation to figure out how we can help you change lawyers today.
This page covers:
- Switching lawyers during a criminal case in Missouri
- How to change lawyers in the middle of a Missouri criminal case
- Whether changing lawyers in the middle of a Missouri criminal case looks bad
- When it’s too late to change lawyers in the middle of a Missouri criminal case
Can You Switch Lawyers in the Middle of a Criminal Case in Missouri?
The short answer is yes, you absolutely can switch lawyers in the middle of a case. The 6th Amendment to the U.S. Constitution guarantees the right to counsel, and Missouri Supreme Court Rule 55.03 is often cited in attorney substitution documents in Missouri cases.
However, there are caveats to consider. A judge may disallow a change in counsel if:
- They believe you’re trying to manipulate the proceedings
- Last-minute switching will disrupt your trial
- You’re using a public defender (instead of private counsel)
How to Change Lawyers in the Middle of a Missouri Criminal Case
Changing lawyers in the middle of a case is an important decision that you should not take lightly. With that in mind, there are five important steps you should take to ensure the process goes as smoothly as possible.
1. Find a New Attorney Before Firing Your Old One
Firing your old lawyer before finding a new one is a common mistake. You need to ensure there are no gaps in your representation, so be sure to find a new attorney before letting your old one go.
Talk to prospective attorneys about your case status, deadlines, and why you’ve decided to seek new counsel. Be sure that your new lawyer has no conflicts of interest, is willing to take over mid-case, and can comfortably meet any upcoming deadlines you may have.
2. Review Your Current Fee Agreement
Before you finalize your switch, be sure to look for clauses about termination, outstanding balances, or liens (i.e., when your old attorney tries to take a percentage of any potential settlement money or recovered funds from your case).
Also, check for any clauses pertaining to file ownership and transfers to ensure your old attorney provides all relevant case information to your new attorney.
3. Notify Your Current Lawyer in Writing
While this step is important, it doesn’t have to be complicated. You don’t need to justify your decision to fire your old lawyer; a short, simple email or letter will do the trick:
“I’m writing to inform you that I’m ending our attorney-client relationship effective today. Please coordinate the transfer of my file to my new counsel.”
4. Sign a Motion for Substitution
When you’re changing lawyers in Missouri, you’ll need to submit CV140 Motion for Substitution. This document needs to be signed by you, your old lawyer, and your new lawyer and be filed with the court. In many courts, your new attorney can handle this form for you.
5. Transfer Your Case File
Your case file belongs to you. Your old lawyer must provide pleadings, evidence, discovery, correspondence, deadlines, hearing dates, and any other pertinent information. Be sure to ask for both physical and digital copies of all documents.
Does Changing Lawyers Look Bad?
No, changing lawyers doesn’t look bad. You’re allowed to switch lawyers, and courts understand that this happens all the time. However, it can look bad in a few instances. Courts typically frown upon:
- Switching lawyers right before a trial
- Asking for a continuance because of your switch in counsel
- Switching lawyers multiple times during a case
- Using lawyer changes to delay deadlines and disrupt proceedings
Judges tend not to care if you change lawyers. Just ensure your switch does not impede the court’s schedule or the other side’s ability to proceed fairly.
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How to Choose a Criminal Defense Lawyer
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When Is It Too Late to Change Lawyers?
It’s rarely too late to change lawyers in Missouri, but there are times when you can’t.
1. On the Eve of Trial (or During Trial)
Judges don’t like to allow changes days before trial, after jury selection, or mid-trial. This almost always causes delays, prejudices the other side, or wastes the court’s resources.
2. When Changing Lawyers Would Cause a Major Delay
If your new lawyer needs time to get up to speed and you ask for a continuance, the judge can say no, or they may allow the substitution but refuse to move deadlines. The court’s schedule outweighs your preference for new counsel in most instances.
3. When You’ve Switched Lawyers Repeatedly
If you’ve already changed lawyers once or twice, judges can get suspicious of delay tactics, especially in criminal cases, custody disputes, or high-conflict civil litigation. At some point, a judge may simply say, “Enough is enough.”
4. When Your New Lawyer Has a Conflict of Interest
Imagine your new lawyer has represented your opposing party before and has inside information about them, or they represent a business with financial ties to your opponent. These conflicts of interest may preclude you from using that lawyer’s services.
Talk to Combs Waterkotte about Changing Lawyers in Your Missouri Criminal Case
If you’re dissatisfied with your current representation and you’re thinking about changing lawyers, it can feel overwhelming.
Most court cases are complex, stressful, and difficult to navigate. That’s why you need legal representation with whom you feel comfortable, and why you should never hesitate to switch lawyers if you feel like it’s the right decision for you.
If you’re interested in changing lawyers in the middle of your case, contact Combs Waterkotte or call (314) 900-HELP to speak with a Missouri criminal defense lawyer today. We can help you navigate the process and ensure you’re fully confident in your legal representation.
