Can I Change Lawyers Before Filing an Appeal?

• September 10, 2025
• Real Estate

After an unfavorable verdict, you have the right to change lawyers before filing an appeal. Some individuals choose to hire new legal representation for appeals, recognizing that appellate work requires different skills from trial court advocacy. Understanding when and how to make this transition helps protect your appeal rights while finding an experienced and skilled advocate for this critical phase.

Key Takeaways

• You may switch attorneys before appeal at any time; this allows you to seek representation that better matches your needs.
• Trial lawyers and appellate attorneys bring different skills to the table, so it is not uncommon to change counsel post-verdict.
• The 30-day appeal deadline starts when the court enters judgment, not when you decide to appeal, so prompt action is essential.
• Your trial attorney may recommend appellate counsel or collaborate with your new lawyer.
• Formal court approval through substitution of counsel is required before your new attorney can file documents, though consultation can begin immediately.

Your Right to Change Legal Representation

Maryland law protects your right to choose your attorney at every stage of legal proceedings. Whether you’re dissatisfied with your trial outcome, concerned about your lawyer’s appellate experience, or simply want a fresh perspective, switching attorneys for your appeal remains entirely your decision. This right exists regardless of any fee agreements or ongoing attorney-client relationships.

The process of changing lawyers involves several key steps:

• Notifying your current attorney in writing about your decision to end representation.
• Requesting your complete case file, including all documents, transcripts, and evidence.
• Obtaining important deadlines, particularly the appeal filing date.
• Paying any outstanding fees owed for work already completed.
• Signing a substitution of counsel form once you hire your new attorney.

Formal substitution of counsel with court approval is generally required before your new lawyer can file case documents, but consultation and preparatory work can start sooner.

Why Consider Hiring a Different Lawyer for Appeals

Appeals focus on legal arguments rather than witness testimony or evidence presentation. This fundamental difference means the skills that make an excellent trial lawyer may differ from those needed for successful appellate advocacy. Many attorneys recognize these distinctions and may even recommend that clients consider hiring appellate counsel.

Trial lawyers excel at courtroom presence, jury persuasion, and witness examination. On the other hand, appellate attorneys focus on legal research, written advocacy, and identifying reversible errors in trial proceedings. While some lawyers handle trial and appellate work, others concentrate their practice in one area.

Your trial attorney may also recommend trusted appellate lawyers or offer to work alongside new appellate counsel. This collaboration can benefit your case since your trial lawyer understands the case history, key testimony, and strategic decisions made during the trial.

Managing the Transition Timeline

You can switch lawyers at any time, but if you wish to hire a new attorney before filing an appeal, you must understand the 30-day filing deadline. This clock on the appeal deadline begins when the court enters judgment, making prompt action essential to preserve your appeal rights.

When evaluating potential appellate attorneys, ask about their immediate availability and experience with Maryland appellate courts. Some may file a protective notice of appeal while you finalize representation agreements, so deadlines are met.

Before making the switch, review your current fee agreement to understand any obligations regarding unpaid fees. Maryland appellate attorneys must promptly provide client files upon request, though they may retain copies. Clear communication with both your current and prospective attorneys helps make a smooth transfer of documents, evidence, and case knowledge without jeopardizing your appeal timeline.

Frequently Asked Questions for Change Lawyers Before Filing an Appeal

Do Appellate Lawyers Charge Differently than Trial Attorneys?

Many appellate attorneys offer different fee structures than trial lawyers, including flat fees for specific appeal stages or hourly rates for research and brief writing. Discuss fee arrangements upfront to understand total costs.

Will My Trial Lawyer Be Offended if I Hire Someone Else for the Appeal?

Professional attorneys understand that clients may choose different representation for appeals. Most prioritize your best interests and will cooperate with the transition to protect your legal rights.

Can My New Lawyer Start Working before Officially Substituting In?

Yes, you may consult with and hire new counsel while transitioning from your current attorney. However, formal substitution must occur before your new lawyer can file documents with the court.

Next Steps for Your Appeal

Changing lawyers before filing an appeal requires decisive action within tight deadlines. Working with a Maryland appellate attorney can make a difference during the appeal process.

If you’re considering switching attorneys before appeal or need experienced appellate representation, contact Lusk Law, LLC at (443) 535-9715. The Attorneys at Lusk Law understand both trial and appellate litigation throughout Maryland.

As your Advocates For Life’s Obstacles and Opportunities, we’ll evaluate your case and help determine a path forward for your appeal.