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Separation and divorce

Changing lawyers

You have the right to change lawyers, even while court proceedings are going on. You might do this if you’re unhappy with the services of your lawyer, or if your lawyer is no longer able to represent you. Here are the steps you would have to take to officially change lawyers, as well as some questions to help you make an informed decision.

1) Find a new lawyer

Before telling your current lawyer that you no longer want them to represent you, it's probably best to take steps to find a new one. It can sometimes be difficult to find a lawyer to take over a file. If you don’t want to represent yourself, it would be wise to find a new lawyer first.

If you’re on good terms with your current lawyer, don’t hesitate to ask them for help in finding a new one. They may be able to refer you to colleagues, which could make things easier for you.

Some questions to ask yourself before changing lawyers

If you have any doubts about changing lawyers, it’s a good idea to ask yourself some questions on your situation and your file, in order to make an informed decision.

If your case is not being covered by legal aid, changing lawyers will involve additional fees. Your new lawyer will charge you for work resulting from the change. For example, the new lawyer will have to:

  • meet with you
  • take time to become familiar with your file and analyze it
  • take the steps necessary to make the change of lawyers official

If so, a judge will have to grant your lawyer permission to cease to represent you, even if you have already found a new lawyer. This is an additional proceeding, which will involve legal fees, and the request may be refused.

Also, the closer your hearing date, the more difficult it will be to find a lawyer to represent you. There will also be less time to prepare for the hearing. It's possible to ask a judge to postpone the hearing date, but this may be refused as well.

If not, you shouldn't hesitate to do so. They may propose solutions such as changing the frequency of communication or their method of billing. Perhaps you’ll decide not to change lawyers after all.

WARNING

The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.

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