Ethics/Professional Responsibility
Jun. 9, 2025
Switching lawyers: Ways attorneys can manage risk when taking over in the middle of a case
When stepping into an active case, replacement counsel must take deliberate steps--such as reviewing deadlines, understanding the reasons for the transition, and conducting proper intake--to manage risk and uphold ethical responsibilities.
The situation arises frequently where a lawyer is asked to take over a matter mid-representation. It could be that the lead lawyer has a family emergency. Maybe the client wants to take things in a new direction or even thinks that their current lawyer has committed errors in the representation. There is nothing inherently unethical about a lawyer deciding to replace an existing lawyer in an active case. However, this scenario can increase the risk of potential ethical violat...
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