How-To Guide

How to Find a New Lawyer After Attorney Misconduct

Practical guidance for clients who need to find new legal representation after their lawyer has engaged in misconduct, abandoned them, or been disbarred.

You Need a New Lawyer — Now What?

Discovering that your attorney has engaged in misconduct, been suspended, been disbarred, or simply abandoned your case is disorienting and stressful. You may have deadlines looming, a court date approaching, or a complex legal matter in mid-stream. Here is how to act quickly and protect your rights.

Step 1: Assess Your Timeline

Immediately identify any upcoming deadlines in your matter: court dates, filing deadlines, statutes of limitations, response deadlines, or hearing dates. If you have a deadline approaching, contact the court or opposing counsel directly to explain the situation and request an extension. Courts will almost always grant reasonable continuances when an attorney has been disbarred or has abandoned a client — but you must ask.

Step 2: Get Your File

You are entitled to your complete file. Contact your former attorney in writing (email creates a paper trail) and request all documents: correspondence, pleadings, contracts, evidence, research, and any other materials related to your matter. Your attorney is ethically required to deliver your file promptly. If they refuse or are unreachable, contact the state bar for assistance.

Step 3: Find New Counsel

Resources for finding new legal representation include:

State bar referral services. Most state bars operate lawyer referral services that can connect you with attorneys in the relevant practice area. Initial consultations through referral services are often low-cost or free.
Legal aid organizations. If you cannot afford private representation, legal aid organizations provide free civil legal services to eligible low-income clients.
Bar association specialty sections. If your matter involves a specialized area of law, the relevant specialty bar association (e.g., family law, immigration, criminal defense) may have referral resources.
Court self-help centers. Many courts have self-help centers that can provide guidance to unrepresented parties.

Step 4: Check Your New Attorney's Record

Before signing a retainer agreement with a new attorney, verify their license status and discipline history through your state bar's online directory. See our guide on how to check an attorney's discipline record.

Frequently Asked Questions

What if my former attorney has my money?

If your former attorney is holding client funds — settlement proceeds, retainer balance, or other funds — and has been disbarred, suspended, or is unresponsive, contact the state bar immediately. The bar can assist in recovering client funds in certain circumstances. You should also apply to the state's Client Protection Fund.

Can I be held responsible for deadlines my former attorney missed?

Possibly, but courts are generally sympathetic to clients whose attorneys have engaged in misconduct or been disbarred. Courts will often reopen dismissed cases or allow late filings when attorney abandonment or misconduct is demonstrated. Act quickly and explain the situation to the court in writing.

Will a new attorney be willing to take over a partially-completed case?

Some attorneys are reluctant to take over mid-stream matters, particularly those involving prior misconduct, because they inherit an incomplete record and potential complications. Others specialize in substituting into ongoing matters. Be transparent with potential new counsel about the situation and provide complete documentation.

Can I represent myself while I look for a new attorney?

You always have the right to represent yourself (pro se representation). If you have an immediate court date and no attorney, appearing pro se is better than failing to appear. Be transparent with the judge about your situation — courts are generally more accommodating with pro se litigants in genuine emergencies.

Need to Report Attorney or Judicial Misconduct?

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