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Q: I hired an Utah Criminal Defense attorney that I thought was going to help me, but now I’m not so sure.  In fact, I don’t like my attorney and want to get a different attorney.  Can I do that, or am I stuck with my bad attorney?  If I can change attorneys, what should I do?

You have an absolute right to choose your Utah criminal defense attorney.  If you don’t like your current attorney, you can fire him or her and hire a new one.  (However, the best policy is to investigate who is an aggressive, smart and expert  criminal defense attorney upfront.  Hint: rely on factors like 1) the number of jury trials the attorney has handled, 2) Membership in prestigious criminal defense organizations like the American Board of Criminal Lawyers, or 3) Reputation in the community including awards and recognition from other attorneys.)

To fire your attorney, simply call them and say, “I no longer need your services.”  Then follow up by sending him or her a letter saying the same thing.  You can include the reasons you are firing him or her in your letter.  As long as you don’t have an outstanding bill with your attorney, you have the right to your file that is in the attorney’s possession.

That said, you should really ask yourself why you are firing your attorney.  Is it because they don’t communicate?  This is solvable if you send your attorney a non-threatening letter expressing your feelings.  Usually, the attorney will call you to respond (especially if you ask them to).  Remember your attorney may be filing the appropriate motions and preparing for trial in their office, and you just might not see it.   The best criminal defense attorneys in Salt Lake City will most likely be in court a lot.   Being charged with a crime is stressful and you may not like your attorney because the legal process is stressful and difficult.  Don’t fire your attorney too quickly because the next attorney may have the same advice.  For example, if you get a second opinion from another Doctor, this does not mean the diagnosis will change.

If you are a week away from trial, it probably isn’t in your best interest to fire your attorney.  Your new attorney will probably charge you to get up to speed on your case and won’t be as familiar with the case as your first attorney.  If your case is still at the beginning and you don’t like your attorney, then you can probably fire your attorney without any hardship to you.

In order to not get into a situation where you might not like your attorney, do your homework before hiring them.  Ensure that you will get along with them, that you trust them, and that you think they can handle your case competently.