Facing a changing criminal defence lawyer is one of the most stressful and complex experiences a person can endure. Having the right lawyer by your side is critical to protecting your rights, understanding your options, and building a strong defence. However, sometimes clients feel that their current legal representation is not meeting their expectations. In such cases, it may be necessary to consider changing your criminal defence lawyer.
In British Columbia, you have the right to change your lawyer at any point during your case. Still, it is important to understand how to do so properly and what potential consequences might arise.
This article explains when and how to change counsel, the legal and practical risks involved, and what steps to take to ensure a smooth transition.
Understanding Your Right to Change Counsel
In Canada, every accused person has the right to retain and be represented by the lawyer of their choice. This is guaranteed under section 10(b) of the Canadian Charter of Rights and Freedoms, which ensures that anyone charged with an offence has the right to legal representation and to communicate with their lawyer without delay.
This right extends to changing your lawyer if you feel that your current representation is not serving your best interests. Whether your issue is with communication, strategy, personality fit, or a lack of confidence in your lawyer’s abilities, you have the right to dismiss your lawyer and retain new legal counsel.
However, the court expects you to act in good faith and not use the process of changing lawyers to delay your case. Judges in British Columbia, especially at the Provincial and Supreme Court levels, will often inquire into the reason for the change to ensure that it is justified and not being done simply to stall proceedings.
When You Might Consider Changing Your Criminal Defence Lawyer
It’s not uncommon for clients to feel uncertain about their legal representation, especially in complex or high-stakes criminal cases. While minor misunderstandings or communication gaps can often be resolved, certain issues may justify seeking new counsel.
1. Lack of Communication or Responsiveness
If your lawyer consistently fails to return calls, provide updates, or explain what’s happening with your case, it may be a sign of a breakdown in communication. Clear, timely communication is essential in any criminal defence.
2. Loss of Confidence or Trust
Trust is the foundation of the lawyer-client relationship. If you’ve lost confidence in your lawyer’s ability to represent you perhaps due to repeated errors, unclear advice, or perceived indifference, it may be time to consider other options.
3. Conflict of Interest
A lawyer conflict occurs when your lawyer’s interests, or those of another client, could compromise their ability to represent you fully and fairly. If such a conflict arises, it may be necessary to dismiss your lawyer and retain someone new to ensure impartial representation.
4. Differences in Legal Strategy
Sometimes, you and your lawyer may disagree on how to approach the case for example, whether to proceed to trial or negotiate a plea. While differences in opinion are normal, persistent strategic disagreements that undermine your confidence can justify seeking new counsel.
5. Unprofessional Conduct or Ethical Concerns
If you believe your lawyer is acting unethically, mishandling funds, or failing to meet professional standards, you may have grounds to terminate their services. In such cases, you can also contact the Law Society of British Columbia to file a complaint.
Risks of Changing Lawyers Mid-Case
Although you have the right to change your criminal defence lawyer, doing so partway through your case presents some risks.
- Delays in Proceedings: Changing lawyers can lead to delays as new counsel needs time to review evidence, prepare arguments, and familiarize themselves with the file.
- Financial Costs: You may be required to pay outstanding fees to your previous lawyer before your file is transferred. Additionally, your new lawyer may charge to review and take over your case.
- Court Approval: If your case is already scheduled for trial, you may need the court’s permission to change lawyers. Judges will typically approve the change only if it does not interfere with the trial date or the administration of justice.
- Loss of Continuity: Your current lawyer may have built a strategic foundation that takes time for new counsel to understand. It’s important to ensure that your new lawyer is prepared to step in seamlessly.
Changing Criminal Defence Lawyer in BC
If you’ve decided to move forward with a new lawyer, it’s important to follow the proper steps to ensure your rights and case are not negatively affected.
Step 1: Consult with a New Lawyer Before Ending the Current Relationship
Before dismissing your current lawyer, speak confidentially with potential new legal counsel. Discuss your case, review your options, and ensure they have the experience and availability to take on your matter promptly.
Step 2: Notify Your Current Lawyer in Writing
Once you’ve decided to make the change, you should formally dismiss your lawyer in writing. This letter should clearly state that you no longer wish for them to represent you and that you have retained new counsel.
Step 3: Request a Copy of Your File
Your case file belongs to you, not your lawyer. Request all materials, including disclosure, correspondence, and notes, be transferred to your new lawyer. You may need to pay any outstanding invoices before the transfer is completed.
Step 4: File a Notice of Change of Counsel (if applicable)
In active criminal proceedings, your new lawyer will file a Notice of Change of Counsel with the court to formally appear on your behalf. This document updates the court and Crown Counsel that your legal representation has changed.
Step 5: Ensure Continuity in Your Defence
Once your new lawyer has received the file, ensure they have sufficient time to review it before any upcoming court dates. Maintaining open communication with your new counsel is essential to avoid unnecessary delays.
Choosing the Right Criminal Defence Lawyer
Changing lawyers is a serious decision that should be made with care. When selecting your new counsel, consider the following:
- Experience in criminal law, particularly in British Columbia
- Strong communication and transparency
- A track record of courtroom success and client trust
- Comfort level and personal rapport
Meeting with a few lawyers before making a final decision can help you find someone whose approach fits both your case needs and the way you prefer to communicate.
Final Thoughts
Changing your criminal defence lawyer is your right, but it should be done thoughtfully and for legitimate reasons. In British Columbia, the process is straightforward when handled properly, ensuring your case proceeds without unnecessary disruption.
If you are uncertain about your current representation or if you believe your case would benefit from new legal counsel, contact Michael Shapray. With decades of experience in criminal defence, Michael provides strategic, client-focused representation tailored to your situation.