Can You Fire Your Lawyer and Get a New One? What To Do When Your Lawyer Doesn't Investigate Your Case

You’ve put your future in the hands of an attorney, and now you’re wondering if that was a mistake.

They’re not returning calls. They haven’t investigated your case. You’re facing serious charges, and it feels like they’re just waiting for you to take a plea deal.

So you’re asking the question: Can I fire my lawyer and get a new one?

It happens more often than you think, especially in sex crime cases. Clients come to us after working with public defenders or generalist attorneys who don’t understand what must be done or what’s at stake.

These lawyers skip the investigation and push clients toward deals, even when the accusations are weak or false.

By the time the client realizes it, evidence has been missed… and time has been lost.

The good news? You still have options.

Offer: In this post, we’ll show you:

• When and how you can legally replace your attorney
• What to look for in a new lawyer who will actually investigate your case
• What investigations should be made
• What to do if an investigation is ongoing, but charges haven’t yet been filed

If your attorney isn’t fighting for you, we will. You just need to act quickly.

Can You Fire Your Lawyer and Hire a New One?

Yes, in most cases, you have the legal right to fire your lawyer and hire a new one. But there are some important nuances depending on the stage of your case.

Pre-file or Pre-trial: It’s usually simple to make a switch. The sooner you do it, the better.
During trial: You may need permission from the judge, especially if the change would delay court proceedings.

What If You Have a Public Defender?

You can request a different public defender, but courts rarely grant the request unless you can show misconduct or incompetence. If you're dissatisfied, your best option is to hire a private attorney.

What Happens to My Case Files?

Your new lawyer has a right to obtain your case file. You may need to formally request this from your previous attorney. The timeline and strategy may need to be adjusted depending on how far along your case is.

Tip: You have the right to competent legal representation. If you’re not getting it, you have the right to change attorneys

Red Flags That It’s Time to Move On

Not every case of frustration warrants a new lawyer, but these signs should raise concern:

• Lack of investigation into the accusation or the accuser(s) and those influencing them
• No clear strategy has been explained to you
• Pushing you to accept a plea without a clear strategy and the development of facts to support it. If your attorney feels there is no effective defense available, it must be clearly explained to you along with the stratagy for minimizing punishment (known as “mitigation”)
• Your current attorney doesn’t specialize in sex crimes or treat your case with urgency
• Poor communication or failure to involve you in the process

If any of the above are true, it’s time to consider your options.

Why Investigation Is Everything in a Sex Crime Case

Sex crime allegations are often built on the accuser’s narrative with little, if any, other evidence. Without a real investigation, the system assumes you’re guilty.

It is the job of the defense attorneys to uncover the truth, develop evidence and create reasonable doubt. That can’t happen without a serious investigation.

Here are some of the key elements that should be part of every sex crime defense:

Social Media Investigations

Attorneys should examine the accuser’s social media history, as well as any relevant conversations, posts, or photos that may contradict their claims or reveal bias, coaching, or revenge motives.

Witness Interviews

Family, friends, coworkers, and anyone who may have insight into the accuser’s behavior, mental state, or past accusations should be interviewed. Often, they hold key pieces of the puzzle.

School and Medical Records

School records can shed light on attendance, behavior, or motives. Medical records may be critical in evaluating claims of physical evidence or disproving them entirely.

Prior False Accusations or Custody Disputes

If there’s a history of false allegations or ongoing custody disputes, this can be central to your defense. A competent attorney will pursue every lead that supports your innocence.

How to Choose a New Attorney Who Will Fight for You

Choosing a new attorney is about more than credentials. 

You need a defense team committed to proving your innocence, not one that’s looking for a quick plea deal.
Here’s what to look for:

• Attorneys who exclusively focus on sex crime defense with a history of success
• Teams that take on cases before charges are even filed
• Access to investigators, forensic experts, and psychologists
• A clear answer to: “How will you prove this accusation is false?”

Next Steps: Taking Control of Your Case

Here’s how to make the switch and start building your defense:

1. Request your case file be sent over to your new attorney.
2. Schedule a strategy call with a new attorney, ideally one who specializes in sex crime defense like Innocence Legal Team.
3. Act fast. The longer you wait, the harder it is to undo damage or recover lost evidence.

You don’t have to stay silent or stuck. The right defense begins the moment you take control.

Ready to Make the Switch?

If your lawyer isn’t fighting for you, it’s time to find someone who will.

Innocence Legal Team has handled over 200 sex crime trials, more than any firm in California. And we succeed for our clients, about 20x more often than other law firms. 

We specialize in high-stakes, high-impact cases and fight to prove your innocence from day one.