Can I hire an attorney at anytime, even if I've already been appointed legal council?

Question

Gerard Fierro · Answer

You generally have a right to change legal counsel.  However, depending on the type of case and if you are close to a pending hearing, the court may not continue your case for the new counsel to get up to speed and the court may not release your existing counsel, especially if you have a case that is ready for trial.

Helene Ellenbogen · Answer

Yes.

Richard Gonzales · Answer

Yes.

Aimee Carol Robbins · Answer

Yes and then you fire the appointed counsel. What kind of case is this. Usually there is no such thing as "appointed" counsel in family law cases unless its a Best Interest Attorney.

Francis Cowhig · Answer

I am assuming that this is a criminal case and you have a public defender. Theoretically, you can retain private counsel anytime, short of trial. However, the longer you wait, the harder it will be for your new attorney to become familiar with your case.  In addition, if you wait too long, such as just before trial, a judge may not allow your new attorney to substitute in.

Dorothy Bunce · Answer

Hiring means you are paying, so yes, you can hire an attorney to represent you in any legal proceeding, but your new attorney may not be allowed to delay any of the proceedings with the excuse of needing time to get up to speed.

Jeff Yeh · Answer

Of course. The new counsel will just "sub in" and the old counsel gets relieved.

Randall Romei · Answer

Typically, you would not have an attorney appointed to represent you if you have the ability to afford to hire your own attorney.  If you can afford to hire your own attorney you will be allowed to have the attorney you choose represent you.

Stacy Safion · Answer

Yes,you may.

Thomas Bulman · Answer

If you have the money, you can.  You'll probably need at least a $10,000 retainer for a felony charge.

Vanessa J. Gorden · Answer

Yes. You always have the right to choice of counsel. You will simply need to inform your court appointed counsel that you have hired other counsel and s/he will move to withdraw and substitute the lawyer of your choice.

James E. Reed · Answer

Yes.

Tony Mankus · Answer

You can consult with another attorney to get a second opinion, but you cannot retain two attorneys for the same matter unless there is prior agreement between all parties involved.

Robert McCall · Answer

Yes.

Ronald A. Steinberg · Answer

I believe so.

Daniel Garner · Answer

Yes, you just have to be able to pay for them!

Alena Shautsova · Answer

Yes, you can hire an attorney at any time. You can change your attorney at any time as well.

Pius Joseph · Answer

Yes. In a civil case always. In a criminal case you can opt for retained counsel but the public defender will be relieved.

Jayne Sebby · Answer

Yes, assuming you're competent in the eyes of the court to make that decision.  However, you will have to pay for that attorney's time by yourself.

Susan Marie Basko · Answer

I assume you are talking about a criminal case.   Yes, you can hire a lawyer.  However, hiring a private lawyer for a criminal case can be extremely expensive.  If you can afford a private lawyer, how did you qualify for a public defender?  If you have a relative or a support group who is able to pay the funds for a private lawyer, then you can hire one. Sometimes a private lawyer will work on your case in an advisory position to the public defender.  That might save money.  Be very careful and discuss this with your current lawyer.  I know of at least one case recently where the federal government tried to take the defense funds that were being donated by supporters of the defendant.  The government tried to force those funds to pay for the public defender, when the funds were specifically donated so the defendant could afford a private lawyer.  And keep in mind that a public defender who is there in the courtrooms day in and day out and knows the system can often get you a better deal than a private lawyer who may not be so familiar with that particular court.  If you are looking for a criminal defense lawyer, it is often good to look for one who is a former prosecutor in that same type of court.

Eric Johnson · Answer

Yes.

Dara J. Goldsmith · Answer

Probably, so long as you have contractual capacity, yes.  Ask your attorney.  This is opinion is solely based upon the facts presented in the inquiry.  Additional facts may be important and may change the analysis.  If you are uncertain, seek legal counsel.

Lucio Montes · Answer

Yes, you have an absolute right to choose the attorney that represents you.

Travis Christiansen · Answer

You can hire an attorney anytime you want.

Daniel Edelman · Answer

Yes.

Georges Shers · Answer

Yes, but you have to be able to afford the fees.

Mandy McKellar · Answer

You have the freedom to hire whomever you want on any case at anytime. This is your decision.

John Brennan · Answer

Yes, you are allowed counsel of your choice if you are paying the bill.

Tajara Dommershausen · Answer

Yes.

Ronald Nims · Answer

Yes.

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