[Direct answer]Changing defense attorneys is a right explicitly guaranteed by law: suspects and defendants have the right to terminate the original entrustment and hire new lawyers at any stage of investigation, review of prosecution, and trial, with no limit on the number of times they can do so. The number of defense attorneys is limited to one to two, in accordance with Article 33 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). Before changing attorneys, it is recommended to communicate fully with the original lawyer to confirm whether the problem lies in poor communication, professional mismatch, or lack of performance, and then go through the formalities of written termination and re-entrustment, and inform the case-handling organ in time to avoid a procedural gap without a defense attorney.

I. Problem background and typical scenarios

The scenarios in which people consider changing lawyers usually arise at key stages of the legal process. - **Investigation phase**: Family members notice that the lawyer's visit frequency is lower than expected or are dissatisfied with the progress of the bail application. - **Review and prosecution phase**: The case enters a critical period of evidence presentation and sentencing negotiation, and the family hopes to switch to a lawyer with more experience in similar charges. - **Trial phase**: As the trial approaches, disagreements over defense strategies and sentencing negotiations emerge. There are also cases where the attorney-client relationship itself breaks down, such as unclear fee arrangements, unfulfilled promises, or prolonged unavailability of the attorney. Regardless of the situation, the decision to change lawyers should be based on an objective evaluation of the defense work, rather than an impulsive emotional decision. Frequent lawyer changes disrupt the defense rhythm, forcing new lawyers to relearn the case details from scratch, ultimately harming the client's interests. Three objective indicators can be used for evaluation: 1. Whether meetings occur at the agreed frequency. 2. Whether legal opinions are submitted at key junctures. 3. Whether the understanding of the case is based on concrete evidence.

II. Key points of contention

There are four main practical disputes in this case. First, the timing of the replacement: changing lawyers just a few days before the trial means that the new defense attorney needs to review the case files, conduct interviews, and prepare cross-examination outlines again. The limited time may affect the quality of the defense, so it's best to complete the replacement at the transition stage. Second, the transfer of work results: the interview transcripts, legal opinions, and evidence lists prepared by the original lawyer belong to the client's achievements and should be transferred or copied through consultation to avoid the new lawyer starting from scratch and duplicating efforts. Third, the relationship between complaints and replacement: if the client believes that the lawyer violates professional norms, they can file a complaint with the lawyers' association or the judicial administrative department. Complaints address accountability, while replacement addresses the continuity of the defense. The two can proceed concurrently without conflict. Fourth, fee settlement: after terminating the contract, the fees already incurred should be settled according to the contract, and the unspent portion should be refunded. Disputes can be resolved through lawyer coordination or civil litigation. It's also important to emphasize that replacing lawyers is a right but not an end in itself. The ultimate goal is to ensure more effective defense. Any replacement that deviates from this objective will only waste precious time.

III. Professional analysis by Hengluo Lawyers

A case handled by our firm demonstrates the value of defense attorneys performing their duties steadily. This is a case involving the determination of self-defense in an intentional injury case: Y* and Z* got into a fight by throwing wine bottles at each other during a meal. Y* suffered a severe second-degree injury to his left eye, while Z* sustained a minor second-degree injury to his left arm. Y* was released on bail pending trial and transferred for review and prosecution, and his family entrusted attorney Yuan Hang from Beijing Henglu Law Firm to represent him. The controversy of the case lies in whether Y*'s actions constituted self-defense and whether it was possible to secure a non-prosecution decision. After reviewing the detailed evidence of the fight, the attorney filed an application for non-prosecution, arguing that Y*'s actions met the circumstances of self-defense as stipulated in Article 20 of the Criminal Law of the People's Republic of China (amended by the Eleventh Amendment to the Criminal Law and effective since March 1, 2021) and that the case also satisfied the statutory conditions set forth in Article 16 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). The procuratorate adopted the attorney's opinion and made a non-prosecution decision for Y* in accordance with Article 177 of the same law. The case was represented by attorney Yuan Hang from Beijing Henglu Law Firm (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative authority). Considering that if the defense attorney is replaced during the review and prosecution process, the continuity of defense arguments and evidence systems may be disrupted, especially in cases relying on detailed defense arguments. Conversely, if the original attorney fails to provide targeted solutions, timely replacing a defense attorney with professional expertise is also a rational choice to minimize losses.

IV. Practical suggestions and legal basis

The replacement process consists of five steps: 1. First, terminate the attorney-client relationship with the original lawyer in writing, sign a termination agreement, and clarify the fee settlement. 2. Second, retrieve the case materials and prepare a transfer list. 3. Third, sign a power of attorney with the new lawyer and submit the transfer documents. For criminal cases, the authorization procedures must be approved by the client's original signature. 4. Fourth, have the new lawyer submit the transfer documents to the case-handling authority and arrange for a follow-up meeting. 5. Fifth, review the submitted legal opinions to determine whether to continue or adjust the defense strategy. Legal basis: In addition to the provisions on defense and entrustment in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the Standards for Lawyer Practice Management also set clear requirements for the termination and transfer of attorney-client relationships. Beneficiaries of legal aid cases can also apply to replace their attorneys, and the legal aid agency will reassess and reassign attorneys upon verification. During the replacement process, the case remains active, and the original lawyer remains bound by confidentiality obligations. Submitted legal opinions remain valid, and the new lawyer can build upon the existing work rather than starting from scratch.

5. Henglu Law Firm's Reminder

Here's the translation of the Chinese sentence into English, with a detailed explanation: Three reminders. First, the golden judgment point for changing lawyers is at the transition stage from investigation to review and prosecution, and from review and prosecution to trial. At this time, the impact on the proceedings is minimal, and the new lawyer can also carry out work in a complete stage. Second, be vigilant against lawyers who accept cases with the rhetoric of "I can save you by changing lawyers". Professional defenders rely on plans and evidence, not on disparaging colleagues. Any acceptance based on the promise of results should raise caution. Third, when changing lawyers in cases where a plea of guilty and acceptance of punishment has been signed, extra caution is needed. The effectiveness of the plea agreement is related to the progress of the proceedings, and the new lawyer will usually still work within the established framework after the change. There are window periods for each stage of criminal defense. Whether changing lawyers or not, it is necessary to ensure that the defense chain is not interrupted, and the content of defense work in each stage can be carried out smoothly.Criminal defense servicesPlease click on the link to learn more about the page.

VI. Frequently Asked Questions

Q1: What procedures need to be followed to replace a defense attorney during the review and prosecution stage?

The procedures are divided into four parts: signing a written termination of the attorney-client agreement with the original lawyer to clarify the transfer of materials and settlement of fees; retrieving or copying materials such as interview transcripts and legal opinions held by the original lawyer; signing a power of attorney with the new lawyer; and submitting the power of attorney to the procuratorate handling the case. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense attorneys have the right to review, excerpt, and copy case materials during the review and prosecution stage. After taking over the case, the new lawyer will re-complete the review of the case file and interviews, and can usually enter the working state within one week. When the case is close to the procuratorate's decision on prosecution or non-prosecution, the procedures should be completed as soon as possible and the progress of the case should be explained to the new lawyer to avoid missing the opportunity to present defense opinions. It is recommended to keep a complete set of copies of the power of attorney for future use in subsequent procedures.

Q2: Will changing lawyers before the first-instance trial delay the review of the case file that has already been completed?

It won't be in vain. The review results completed by the original lawyer can be handed over to the new lawyer in the form of evidence catalogs and defense memoranda, but the new lawyer is still required to review the case files by himself according to the law, because the cross-examination and defense opinions must be based on the lawyer's own direct review of the evidence. The real risk lies in time: if the replacement is made less than ten days before the trial, the new lawyer will have to complete the review of the case files, meetings, and preparation for the court appearance within a few days, and the depth of the cross-examination will inevitably be affected. A more prudent approach is to complete the replacement before receiving the notice of the trial, leaving the new lawyer a full preparation period; if the replacement is made just before the trial, the lawyer can explain the situation to the court and apply for an adjustment of the trial time according to the law, and whether the application will be approved will be decided by the court based on the circumstances of the case.

Q3: To whom can I report if I believe that the defense lawyer is not doing his job properly?

There are three approaches that can be chosen: 1. Report the matter to the law firm where the lawyer works, requesting a change of the lawyer in charge or increased effort; 2. File a complaint with the local bar association, which handles investigations and disciplinary recommendations for violations of professional norms; 3. Submit a complaint to the judicial administrative department where the law firm is located, which has the authority to impose administrative penalties for unlawful practice. When reporting the matter, submit materials such as the power of attorney, payment receipts, and communication records, and clearly state the specific facts rather than making general evaluations. It is important to distinguish between differing opinions on defense strategies and the lawyer's negligence of duty: the former can be resolved through communication and a change of lawyer, while the latter requires initiating the complaint process. During the complaint period, it is advisable to proceed with the change of lawyer simultaneously, ensuring that the two processes do not overlap and that the defense is not interrupted.

Q4: Can I apply to replace the lawyer assigned by legal aid if he/she is incompetent?

Yes. According to the Law of the People's Republic of China on Legal Aid (effective from January 1, 2022), if the recipient believes that the assisting lawyer fails to perform his duties in accordance with the law, he may apply to the legal aid agency for a replacement. After verification, the agency shall assign another lawyer. When applying, it is necessary to explain the specific circumstances, such as failing to meet according to the agreement, failing to review the case files as required, and having obviously insufficient preparation for the trial, which is more convincing than a general expression of dissatisfaction. During the replacement period, the original services will not be interrupted, and the agency will maintain work continuity before reassigning a new lawyer. At the same time, the quality of the assisting lawyer's work will be tracked and evaluated by the legal aid agency, and the recipient's feedback is an important assessment basis. Free defense does not mean losing the right to choose. The system reserves a complete remedy channel for the recipient, and making full use of these procedures is itself a way to safeguard the quality of defense.

Q5: Can the same lawyer defend two defendants in a joint crime?

No. A defense attorney may not simultaneously accept the entrustment of more than two suspects or defendants in the same case, nor may they act as defense attorneys for clients with conflicting interests. This is a basic prohibitive norm for lawyers' practice. In cases of joint crimes, the status and role of each defendant, as well as their statements, are mutually constrained. If the same lawyer defends multiple defendants at the same time, conflicts of interest will arise, which will also affect the realization of independent defense. If the family members find that the lawyer they hired is also serving other defendants in the same case, they should immediately verify the situation and consider replacing the lawyer. The correct approach in multi-person cases is for each defendant to appoint an independent defense attorney, so that each defendant's mitigating circumstances and status can be separately argued. In related cases involving separate prosecutions, care should also be taken to avoid the same team taking opposing positions at the same time. It is recommended that the termination of the entrustment agreement and the transfer list be kept in duplicate, so that there will be evidence to refer to in the event of future disputes over the completeness of the materials.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Yuan Hang·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.