How do I change lawyers during court proceedings?

Question

José Manuel Alburquerque · Accepted Answer

If you chose the lawyer yourself, you can change them at any point in the proceedings, without having to explain why. The new lawyer gives written notice to the previous lawyer, who must hand over the case documents. This is known as requesting the “venia” and, in Catalonia, if the previous lawyer does not reply within 48 hours, it can be requested from the Bar Association (“colegio de la abogacía”). As far as the court is concerned, it is enough for the new lawyer to sign the pleadings from then on, but if you also change court agent (“procurador”), a new power of attorney is needed. The previous lawyer must be paid for the work already done, as agreed. The steps The “Ley del Derecho de Defensa”, the Right of Defence Act, recognises everyone's right to choose their lawyer freely and to dispense with their services. To change lawyers in the middle of a case, the usual steps are as follows: Instruct the new lawyer, preferably with a letter of engagement stating which stages they are taking on and how much they will cost. The new lawyer notifies the previous one, by a means that leaves a record, that they are taking over the matter. They also provide proof that you have instructed them. The previous lawyer must acknowledge receipt as soon as possible and make the case documents available to the new one, with the information they need to carry on. The court agent informs the court of the change and the new lawyer signs the pleadings from then on. If you also change court agent, you must give the new one a power of attorney for litigation, before a notary or at the court, which can also be done electronically. The previous one stops representing you when the new one formally appears in the proceedings. The change does not halt the proceedings or extend any time limits that are running. So it is advisable to make it well before a time limit expires or a hearing takes place. In Catalonia and with a court-appointed lawyer The rules of the Catalan legal profession require the new lawyer to notify the previous one in writing, enclosing the document that proves the engagement. This is known as requesting the “venia”. If the previous lawyer does not reply within 48 hours, it can be requested from the governing board of the Bar Association. In urgent and justified cases any member of the board can decide on it. If your lawyer is court-appointed, you can ask the Bar Association to replace them with another if there is a justified reason. The Bar Association decides within fifteen days. You can also give up both the court-appointed lawyer and court agent at the same time and instruct others of your choice, who will charge you. You keep the other benefits of legal aid (“justicia gratuita”). Under the rules of the Barcelona Bar Association (“Colegio de la Abogacía de Barcelona”) for its court-appointed lawyer scheme (“turno de oficio”), the new lawyer must request the “venia” from the court-appointed lawyer, who then becomes entitled to charge you their fees. The previous lawyer's fees Having fees outstanding does not prevent you from changing lawyers, but the work done has to be paid for. If the letter of engagement says what is payable when the engagement ends early, what was agreed applies, unless you hired the lawyer as a consumer and the clause is unfair. If it says nothing, you pay for the work actually done. If you made a payment on account (“provisión de fondos”), which is the advance handed over at the start, ask for the work done to be deducted and the rest to be refunded to you. If you cannot reach an agreement, the lawyer can claim their fees before the same court in which the case is being heard, through what is known as the “jura de cuentas”, a lawyer's fee claim against their own client. You would have ten days to pay or to object on the grounds that you do not owe them or that they are excessive.