Can I change my legal councel at any point in trial?

I was on stand when the court house closed and we needed to reschedule our trial date. I was told that I can't discuss anything that happened while I was on the stand with my lawyer. I don't feel as though I am receiving the best representation at this point. Can I change my councel if I'm still considered to be on stand?

Malone, NY -

Attorney Answers (3)

Gaetano Parrinello

Gaetano Parrinello

Personal Injury Lawyer - Staten Island, NY

I agree with my colleague. While you do have the right to fire your attorney, the timing you mention - mid trial - may disrupt the continuity of your trial, especially if a jury is involved. Additionally, the type of case - civil v. criminal - may play into the answer.

Although you may not discuss your testimony with your attorney, you can discuss your concerns about the quality of his representing you. If I were you, I would discuss my concerns with my attorney, without discussing the testimony itself. Perhaps after identifying and discussing with your attorney the representation issues you feel are falling short of your expectations, you may be able to work out your differences and keep continuity in your ongoing trial.

Good Luck.

The author of this posting is licensed to practice law in the State of New York. He specializes in litigation... more
Thomas J Callahan

Thomas J Callahan

Contracts / Agreements Lawyer - Hanover, MA

You can try, but judge will very likely not approve when you are mid-trial. I don't know why the advice given should cause you to have a problem with this attorney, unless there are other issues not disclosed here.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a... more
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY

You may be able to but it's not as good idea. Judges in non-criminal cases often order a party not to discuss testimony with the lawyer during a recess.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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