There are many reasons why a client may switch attorneys in the middle of a representation. The client may be dissatisfied with the prior attorney or simply may want to pursue a different strategy. In other circumstances, an attorney may retire or move to a new firm that gives rise to a conflict of interest, meaning she or he can no longer represent the client. Regardless of the reason, the attorney hired to take over the matter enters a situation where there can be a very short learning curve and even immediate deadlines.

Unlike at the beginning of the matter, replacement counsel often may feel that they do not have the luxury of taking the time to get to know the file and to formulate an entire case strategy. Instead, replacement counsel may be forced to “learn on the fly” and may not be able to undo decisions made by prior counsel that could have a significant impact on the case.