There is no legal requirement for you to notify your current lawyer, unless the contract you signed with him requires it. You need to review that contract carefully. Generally, when I have been retained by clients who are dissatisfied with their attorneys, I am willing to contact the previous attorney and inform him. I consider it part of professional courtesy to let him know in person and even to try to get in touch with him BEFORE I take the case (assuming the client allows it). I like to think most attorneys would do the same for me if one of my clients came to him with a complaint about my service. Most attorneys do not hold grudges when they get fired, but simply file the necessary paperwork, send copies to their former clients, and move on. Most will also want some verification that they've been fired, so that they are not held responsible if the new attorney makes an error in handling the case.
There are some reasons you should talk to your current attorney, or at least let him know he's fired. First, I often hear from clients who are upset with their attorneys because of communication issues. Recently, all of our local felony courts went into trial for a month straight in order to clear up their dockets. Hundreds of attorneys were put on call for trial during that time and suddenly became inaccessible to their clients. Many of those folks who thought they were being ignored tried to hire me because my office is right across the street from the courthouse. After I explained the situation, most were happy to stay with their current lawyers. You need to make sure there isn't a good reason for your issues.
Second, many attorneys do not refund fees. You could be out a lot of money and on the hook to your new attorney for even more fees. Worse, depending on your fee agreement, you could be in the position of still owing your current attorney money for his services. For example, if you are being billed hourly, then your current attorney may still bill you for work he's done but not been payed for. Many criminal lawyers' fees are non-refundable. In contingency fee cases (where the attorney earns a percentage of the recovery), some attorneys take a property interest in their fee and can still demand their percentage under some circumstances. You do not want to hire a new attorney unless you can afford him, or he may fire you as a client when his bills don't get paid.
Third, attorneys generally need permission from the court to withdraw from representing someone. This is to make sure people don't get left hanging when there is a dispute between a client and an attorney. So, if you are too close to an important event, such as a trial or hearing, the court may not let you fire your attorney. Even if it does, your new attorney will be pushed hard to get ready in time.
My advice is this: try to talk to your attorney and get an explanation. If you still feel you want someone else, shop around. Make sure you find a good fit. You don't want to fall into the same problem as the first time. Ask that attorney to review your fee agreement and explain your obligations before you hire him. Make sure you can afford the new lawyer. Then ask him to handle matters with your current attorney as part of your case. Unless there is an issue I don't know about, he'll probably be fine with that. At some point, he'll need to request your file from your fired attorney anyway.
Whatever happens, I'm sorry you've not had the best experience so far. Legal cases are often stressful and I wish you the best of luck.
Disclaimer: This answer is intended as a public services and is not legal advice, nor does it constitute or establish an attorney-client relationship.
When I am hired to take over a case, I generally notify the lawyer. I prepare a motion to substitute counsel with a space for their signature (and most of the time they give me permission to sign their name.)
You do not want the lawyer bad-mouthing you to the prosecutors which is why I believe some lawyers think you should talk to your lawyer. However, it is an ethically violation to do so, and I am a strong enough lawyer that I can overcome the damage (and I will file a complaint against any lawyer whose comments cause damage to the client.)
I say that because you have Pasadena which is Harris County on your place. This county is so large, and the prosecutors change courts so often, that if there is going to be anything quote bad remembered, it would have to be written down (and then the new lawyer would know and could take action.)
When I am hired to take over a case, I generally notify the lawyer. I prepare a motion to substitute counsel with a space for their signature (and most of the time they give me permission to sign their name.)
You do not want the lawyer bad-mouthing you to the prosecutors which is why I believe some lawyers think you should talk to your lawyer. However, it is an ethically violation to do so, and I am a strong enough lawyer that I can overcome the damage (and I will file a complaint against any lawyer whose comments cause damage to the client.)
I say that because you have Pasadena which is Harris County on your place. This county is so large, and the prosecutors change courts so often, that if there is going to be anything quote bad remembered, it would have to be written down (and then the new lawyer would know and could take action.)
I concurr with my collegue's assessments. As a practitioner, I would prefer for an existing client to notify me that he wants to change lawyers then to have a Substitution of Attorney form faxed to my office. Good luck.
DISCLAIMER
This answer does not create an attorney-client relationship or constitute legal advice. Instead, given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. The laws of each State; and, the facts of each case are different, and it is therefore critical for you to consult with a lawyer admitted to practice law in your State before making any decisions on how to handle or dispose of your case.
