Can I Change My White Collar Federal Defense Attorney?

When you are facing white collar criminal charges in federal court, one of the most important choices you need to make is your choice of legal representation. You are facing years (if not decades) of prison time and hundreds of thousands (if not millions) of dollars in fines. As a result, it is imperative that you have unwavering confidence in your federal criminal defense attorney.

So, what if you don’t?

As a defendant in the federal criminal justice system, you have the right to an attorney. This also means that you have the right to choose your private attorney—unless you cannot afford one and need to request a public defender to be your appointed attorney. Since you have the right to choose your attorney, you also have the right to change your attorney if necessary.

When You Should Consider Changing Your White Collar Defense Attorney

Changing white collar defense attorneys can be more or less challenging depending on the circumstances involved. Generally, the further your federal case has progressed, the more time and effort it will take for your new defense counsel to get up to speed. Your new lawyer may be able to step in immediately and file an emergency motion to protect your rights if necessary, but becoming familiar with the facts of your case and the events that have transpired to date will take time.

Even so, if you have lost confidence in your current white collar defense team, this may be well worth it.

When deciding whether to change federal defense lawyers, there are a handful of factors you will want to consider. This is an extremely important decision, so you need to make sure that your decision is as informed as possible. Some of the factors that may warrant changing attorneys include:

1. You Have Lost Confidence in Your Current Defense Counsel

If you no longer have confidence in your current defense counsel’s ability to represent you effectively, this is a valid reason to change white collar defense attorneys. As we said above, you should have unwavering confidence in your defense lawyers’s abilities. If you are not confident that your attorney is up to the task of taking on the U.S. Attorney’s Office and protecting you against unnecessary consequences in federal court, it is time to seek alternate legal representation.

2. You Have Lost Trust in Your Current Defense Counsel

If you have lost trust in your current defense counsel, this is a valid reason to change defense attorneys as well. This includes (but is not limited to) losing trust due to:

• A lack of transparency regarding the attorney’s background or direct experience
• A lack of transparency regarding the costs of your defense
• Unauthorized disclosure of confidential information or unauthorized communications on your behalf
• Assigning important tasks to junior associates who lack the experience that the seriousness of your white collar case demands
• Failing to maintain regular communication or misrepresenting any information regarding the status of your criminal case

These are just examples. An attorney-client relationship needs to be founded on unwavering trust. While this is true in all scenarios, it is especially true when you are relying on your attorney to protect your finances, your freedom, and your future. If you no longer feel that you can trust your current defense counsel implicitly, this is likely a warning sign that it is time to consider engaging a new lawyer.

3. You and Your Counsel Cannot Come to Terms Regarding Defense Tactics

As the client in the attorney-client relationship, you are ultimately in control of the direction of your government case. When it is time to make important decisions about your defense strategies, your attorney’s role is to provide the advice and insights you need to make these decisions with confidence.

However, your defense lawyer may have strong opinions about the best approach to your case. If your opinions and your attorney’s opinions are at odds, this can make it extremely difficult (and extremely uncomfortable) to try to move forward. Your white collar defense attorney must remain faithful to your best interests; but, if you and your attorney disagree about what is in your best interests, you may not be able to find a viable path forward that involves keeping your current attorney-client relationship in place.

With that said, it is important to ensure that you are truly making informed and reasoned decisions. If your attorney is giving you sound advice and you are not giving your attorney’s advice the consideration it deserves, then switching lawyers may not improve your situation.

4. Your Current Defense Counsel is Consistently Unprepared (or Underprepared)

If your current defense counsel is consistently unprepared (or underprepared), changing white collar defense attorneys may be warranted in this situation as well. White collar criminal defense cases are incredibly complex, and thorough preparation is essential. You should be able to rely on your white collar defense team to represent you effectively—and your attorney won’t be able to represent you effectively if he or she hasn’t done the preparation that is necessary.

5. You Are Questioning the Reasoning Behind Your Defense Counsel’s Advice

If you are questioning the reasoning behind your current defense counsel’s advice, this could also indicate that you would be better off with a different white collar federal defense attorney. This is particularly true if either: (i) you are concerned that your current attorney is recommending work that isn’t necessary in order to bill additional hours; or, (ii) you are concerned that your current attorney is recommending a particular approach (i.e., targeting a plead guilty deal) based on his or her own personal goals or preferences.

Again, your attorney should be acting with your best interests in mind. If this isn’t the case, you deserve better—and you may need better in order to avoid unnecessary consequences in your white collar criminal case.

The Process for Changing Federal Defense Attorneys in a White Collar Criminal Case

Let’s say it makes sense for you to change federal defense attorneys in your white collar criminal case. What are your next steps? In this scenario, you should:

• Keep Your Current Defense Counsel for Now – Generally, you should keep your current defense counsel until you hire a new federal criminal defense attorney to represent you. You will want to have an attorney of record in your federal case at all times. With that said, if you have concerns that your current counsel is being dishonest or isn’t capable of representing you effectively, you should seek to effectuate a switch as soon as possible.
• Research Your Options – Before you hire a replacement defense attorney, you will want to do your due diligence. Research any lawyers you are considering online—you should be able to find information about their background and government experience on their law firm’s website. If you can find any testimonials or reviews, you will want to review these as well. While previous clients’ experiences aren’t necessarily indicative of what you can expect in the future, a trend of positive (or negative) reviews can help inform your preliminary decision-making.
• Schedule an Initial Consultation – Once you find a federal criminal defense attorney at law who you think may be a good choice, you should schedule an initial confidential consultation. During your consultation, you should explain that you are seeking to switch defense counsel, and you should be prepared to discuss your concerns in detail. You should also come prepared with a list of questions—including questions about the attorney’s experience in complex federal investigations, internal investigations, and sensitive matters such as insider trading, bank fraud, healthcare fraud, or violations of the Foreign Corrupt Practices Act (FCPA).
• Make an Informed Decision Based on the Advice and Insights You Receive – After your initial consultation, you should make an informed decision about whether you want to: (i) keep your current defense counsel; (ii) retain the attorney with whom you have just spoken; or, (iii) continue searching for a federal criminal defense counsel. Even if you need to make a decision quickly, it is important not to rush your decision—as your decision could have profound implications for the future.
• Have Your New Defense Counsel Handle the Transition for You – If you decide to make a switch, you should have your new white collar federal defense lawyer handle the transition for you. Among other things, this will involve entering an appearance in your case and obtaining the case file from your former counsel. These are critical steps that need to be handled correctly, and you will want to rely on your new defense attorney to do what is necessary to protect your interests going forward.

At Oberheiden P.C., we have extensive experience representing clients in high-stakes federal white collar criminal cases. We have over 2,000 white collar defense wins, and several of our defense attorneys previously served in senior positions with the Department of Justice and other federal agencies, including in matters involving the Commodity Futures Trading Commission, the Exchange Commission, and the Financial Industry Regulatory Authority (FINRA).

If you think it might be time to change defense attorneys in your white collar criminal defense matter, we encourage you to contact us promptly for more information.

Schedule a Free and Confidential Consultation with a Federal Defense Attorney at Oberheiden P.C.
To speak with a senior white collar federal defense attorney at Oberheiden P.C. about your criminal law matter, contact us today. Call 888-680-1745 or get in touch online to schedule a free and confidential consultation.