How to Change Your Family Lawyer in Canada

Yes. In Canada you can change your family lawyer at any time, for any reason. You hire a new lawyer, sign a written direction to move your file, and, if you have a court case, your new lawyer files a notice of change in representation. The main things to plan for are unpaid fees, court deadlines and the cost of a new lawyer catching up.

Signs it may be time to change

Changing lawyers costs time and money, so it's worth being clear about why. Common reasons include:

• Your lawyer rarely returns calls or emails, and you don't know what's happening in your case.
• You don't understand the plan for your case, even after asking.
• Their approach doesn't match yours. For example, you want to settle and they keep preparing for court, or the reverse.
• Bills arrive without a clear explanation of the work done.
• You've lost trust in them, or there's a conflict of interest.

Sometimes the frustration is with the process itself, not the lawyer. Family cases are slow and stressful. Before you switch, it can help to raise your concerns directly and ask for a written update and a cost estimate for the next steps.

Before you switch

• Read your retainer agreement. It explains how you or your lawyer can end the relationship and how final bills work.
• Check your court dates. If a hearing or trial is close, a new lawyer may not be ready in time, and the court may not agree to delay it.
• Line up your new lawyer first. They'll need to run a conflict check before they can act for you. Many offer a free or low-cost first consultation.

How the switch works, step by step

What happens to your file and unpaid fees

When you change lawyers, your file moves to your new lawyer. If you still owe fees, your former lawyer may be entitled to keep the file until the account is paid or protected. To avoid delay, your new lawyer can agree in writing to protect your former lawyer's unpaid account, so the file can move right away.

If you think a bill is too high, most provinces let you ask the court, or an officer of the court, to review it. In Ontario this is called an assessment; in British Columbia it's a review. There are time limits, so ask about this early.

What switching costs

Your new lawyer will need time to read your file and catch up, and you'll usually pay for that time. The cost depends on how large the file is and how far the case has gone. Ask your new lawyer for an estimate before they start.

If you want to represent yourself for a while

You can also stop using a lawyer and act for yourself. If you have a court case, you'll need to tell the court and the other side, usually with the same notice of change in representation form. Many courts and legal aid offices offer free help for people without a lawyer.

If you think your lawyer acted unprofessionally

A disagreement about strategy or fees isn't the same as misconduct. If you believe a lawyer acted unethically, you can contact the law society in your province. Law societies handle complaints about how lawyers conduct themselves; they don't decide your family case.

Frequently asked questions

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