If you feel you are not being properly represented. If your relationship with your criminal attorney becomes contentious or otherwise unpleasant. If you attorney is not returning calls or emails and you feel like you have no line of communication with the one person who is supposed to be your number one advocate...then it might be time to hire a new attorney.
You may substitute (fancy word for "change") lawyers at anytime during the criminal litigation process. It is your choice. Even if the attorney you presently have has been representing you in your criminal case for over a year, you may still change attorneys if you feel that a change may be necessary to help you achieve the optimum result.
A few things to remember, however. If you become dissatisfied with your attorney, the money you have paid them is by and large nonrefundable. Unless the attorney has done absolutely no work on your case, it is likely that the fee you have paid them has compensated them for their time and work product. Not the case result (in fact, criminal defense attorneys are prohibited from accepting fees based on the result of a criminal case). So if you do hire a new attorney, you will have to spend money on hiring that attorney. And no, most substituting attorneys are not willing to prorate you or give you some kind of discount. Getting on a case that's a year or two old is complicated and requires a lot of time getting caught up. So the fee may actually be more than if you had hired that attorney from the onset of your case.
But having a good relationship with your attorney is key. One, you want to be represented by someone you can talk to; somebody you can trust. So when they give you advice, you know that the advice has your best interest at heart.
And two, you want to be assured that you have retained the most competent and capable attorney possible. If your current attorney's performance leaves you wondering, "did I make the right choice?" Chances are...you didn't.
Your freedom; your reputation; your life is worth more than money.
If you are not happy with your current attorney, you may fire that attorney and hire a new one.
Eric Matheny is a criminal defense attorney serving Miami-Dade, Broward, and Palm Beach. Contact Attorney Eric Matheny to discuss your criminal case.