Yes, you can usually get a continuance after firing your attorney, but whether the judge grants it depends almost entirely on when you ask and what you’ve done to find a replacement. Fire your lawyer months before trial, start searching right away, and the extra time is almost yours for the asking. Fire your lawyer the week of trial with no new counsel lined up, and a judge is far more likely to say no. Criminal defendants have stronger footing than civil litigants because the Sixth Amendment gives them a constitutional interest in choosing their lawyer, but even that right has limits when the request looks like a stall.
What the Judge Weighs
Judges have broad discretion over continuance requests and tend to decide them case by case rather than by formula. A handful of factors come up again and again, and together they predict most outcomes.
Timing. The earlier you ask, the better. A motion filed weeks or months before a hearing is far less disruptive than one filed days before. Last-minute requests draw heavy skepticism because they suggest poor planning or an attempt to delay.
Your diligence in finding new counsel. Judges want to see that you started looking for a replacement promptly after firing your attorney. If three weeks have passed and you haven’t contacted a single new lawyer, that undercuts the argument that you need more time. A party who can name specific attorneys they’ve already interviewed is in a much stronger position.
Why you fired your lawyer. You don’t need cause to end the relationship, but the reason still matters to the judge sizing up your request. A real breakdown in communication or a conflict of interest reads very differently than dissatisfaction with the advice you were getting. Courts are more sympathetic when the relationship fell apart for reasons outside the client’s control.
Stage of the case. Asking early, before significant discovery or trial preparation, is easier to justify than asking after both sides have invested months getting ready. Judges are especially protective of trial dates that have already been set and confirmed.
Prejudice to the other side. If witnesses may become unavailable, evidence could deteriorate, or opposing counsel has already incurred significant expense preparing for a specific date, the court is less likely to grant the delay.
The overarching standard in most courts is whether “good cause” exists. Substituting counsel can qualify, but only when the circumstances genuinely justify extra time rather than reflecting a tactical choice to slow things down.
Criminal Cases and the Sixth Amendment
If you’re a defendant in a criminal case, you have a constitutional right to be represented by counsel of your choosing. The U.S. Supreme Court has held that a necessary part of the right to counsel is being given a reasonable opportunity to find and consult with an attorney, because without that opportunity the right itself means very little.1Constitution Annotated, Congress.gov. Amdt6.6.3.1 Overview of When the Right to Counsel Applies Forcing a defendant to trial without a reasonable chance to hire and consult new counsel can violate due process.
That doesn’t translate into unlimited continuances every time a defendant changes lawyers. Courts balance your right to chosen counsel against the public’s interest in moving cases along. A defendant who fires their lawyer hours after the jury is sworn will have a far harder time than one who makes the change weeks out. Civil litigants have no equivalent constitutional footing, which is one reason the same request can succeed in a criminal courtroom and fail in a civil one.
When the Court Sees a Delay Tactic
Judges have seen every version of the maneuver: a party fires their attorney right before trial, asks for a continuance, then repeats the cycle with the next attorney. Courts are alert to the pattern and respond aggressively when they spot it. A litigant who has cycled through multiple attorneys with each departure triggering a new request can expect the next one to be denied outright.
In some jurisdictions, using attorney changes to deliberately slow a case can be treated as frivolous conduct and expose you to sanctions. The opposing party may be awarded attorney’s fees for the unnecessary delay, and the court may accelerate the schedule rather than relax it. That is the worst outcome available: no continuance, a bill for the other side’s trouble, and a tighter timeline.
If you genuinely need to change lawyers, do it decisively and early. Don’t fire your attorney without a plan for what comes next, and don’t treat continuances as a reset button you can press repeatedly.
How to File the Request
A continuance after firing your attorney usually involves two court filings that move in parallel. First, your former attorney files a motion to withdraw, formally asking the court’s permission to leave the case. In most jurisdictions the lawyer needs that permission to step off a pending matter even after you’ve ended the relationship.2American Bar Association. Model Rules of Professional Conduct – Rule 1.16 Declining or Terminating Representation – Section: Mandatory Withdrawal / Discharge Second, you or your new attorney files a motion for continuance explaining why additional time is needed.
If you’ve already retained a new lawyer, a substitution of attorney form is typically filed as well, signed by both the outgoing and incoming attorney, filed with the clerk, and served on the other side.
Your continuance motion should spell out what happened with your former attorney, the steps you’ve taken to find new counsel, and exactly how much additional time you need. Vague requests for indefinite postponement don’t go over well. “New counsel needs 45 days to review discovery and prepare for trial” is far more persuasive than “I need more time.” File early. Local rules vary on how far in advance motions must be submitted, and the deadlines depend on the type of case, but the more notice you give the court and opposing counsel, the stronger your position.
Getting Your Files From the Old Lawyer
A practical obstacle sits between you and a smooth transition: your case file. Your new lawyer can’t do much without it, and the continuance you’re asking for assumes new counsel can get up to speed. Under the Model Rules, a departing attorney must surrender papers and property you’re entitled to and refund any fees paid in advance that weren’t earned.3American Bar Association. Rule 1.16 Declining or Terminating Representation Those obligations apply regardless of why you fired them.
In practice, some attorneys assert a “retaining lien,” holding onto your files until outstanding fees are paid. The rules vary by state, and courts generally won’t let a lien block a serious defense; when a client has a compelling need for the files and can’t afford to pay the balance, courts have ordered the documents released. Still, fighting over a fee dispute while hunting for a new lawyer and asking the court for extra time is a lot to juggle. If you owe your former attorney money, address it proactively. Offer a payment arrangement, or ask the court to step in if the lawyer is withholding files your new counsel needs.
If the Judge Says No
A denial is a hard spot, not a dead end. You can proceed with whatever counsel you have, even someone newly retained and still coming up to speed. In a criminal case you may be able to request appointed counsel if you can’t afford to hire a new private attorney. In either civil or criminal proceedings you can represent yourself, though going pro se with limited preparation is risky and generally a last resort.
If you believe the denial was wrong, particularly in a criminal case where your right to counsel is at stake, the denial itself can become a basis for appeal after the case ends. Courts have reversed convictions where a trial judge refused a continuance without adequately considering whether the defendant had a reasonable opportunity to secure counsel.1Constitution Annotated, Congress.gov. Amdt6.6.3.1 Overview of When the Right to Counsel Applies Appeals are expensive and slow, though, so the better strategy is avoiding a denial in the first place.
Act quickly. Start looking for a new attorney before you fire your current one if you can. Have consultations scheduled or already completed so you can tell the court exactly who your new lawyer will be and how much time they need. Judges grant continuances for attorney changes routinely, but they save that goodwill for people who take the transition seriously and move with purpose.