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Attorney substitution can occur in civil and criminal proceedings at the request of the client or lawyer. In court, the attorney has a fiduciary duty to represent their client’s interests and file court documents. Changing attorneys in a civil case is simple, but in a criminal case, it can be complicated, and the judge may evaluate the reasons for the request. A lawyer may also ask for a replacement lawyer, but it’s rare.
An attorney substitution occurs when the attorney of record is changed on a particular case after the case has begun. This substitution can take place both in civil and criminal proceedings. Most often it occurs at the request of the client, although occasionally the lawyer himself may ask to be removed from the case and replaced.
When a person files a lawsuit, they usually hire a lawyer to represent them. Such attorney has the right to speak for the plaintiff in court under the terms of the attorney/client relationship. This means that he has a fiduciary duty to represent his client’s interests and has the right to file motions, briefs and other court documents on behalf of the plaintiff.
The same is true when a defendant is sued. Normally he too hires a lawyer who becomes his representative in court. That attorney is named in the court records, and any action he takes in court on behalf of the defendant is considered to actually be the work of the defendant.
Finally, in criminal proceedings, the defendant also has his own lawyer. The lawyer can be hired privately by the defendant or appointed by the court as a public defender. In both cases, the advocate is referred to by the court and in court records as the registry advocate.
If a plaintiff or a defendant in a criminal or civil case wishes to change his attorney after the trial has begun, he will need to request a replacement attorney. In a civil case, this is normally relatively simple. The plaintiff or defendant hires a new attorney, who moves in for a replacement attorney, and the old attorney is exonerated and the new attorney now has the right to represent the client.
In a criminal case, this can be more complicated, especially if the registered attorney was a public defender. The defendant may simply not be able to request a replacement attorney or a new public defender. Depending on the jurisdiction, he may need to inform the judge of the reasons for requesting a replacement, and the judge may evaluate those reasons to determine whether appointing a new public defender is the appropriate course of action.
Although rare, a lawyer may also ask the court for a replacement lawyer. In other words, the public defender representing a client can ask the judge to relieve him of his duties and appoint a new public defender. This normally only happens when there’s a serious conflict of interest or disagreement about the case, and it’s not common.
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