Has Your Case Been Set Back by Your Previous Lawyer?

Changing lawyers in the middle of a family law case can be stressful. Many people worry that mistakes made by previous counsel—or a lawyer withdrawing shortly before trial—have permanently damaged their case.

Fortunately, that is not always the case. Ontario courts recognize that parties should have a fair opportunity to present their case, and they are often prepared to take reasonable steps to ensure that happens, even where a change in legal representation occurs shortly before trial.

Will I Be Forced to Go to Trial Immediately?

Not necessarily.

If you have recently retained new counsel, the court may grant an adjournment to allow your lawyer a reasonable opportunity to review the file, prepare for trial, and provide effective representation.

When deciding whether to postpone a trial, courts balance several competing considerations, including fairness to both parties, the reasons for the request, the complexity of the case, and the impact that refusing an adjournment would have on your ability to properly present your case.

What If My Previous Lawyer Didn’t Properly Prepare My Case?

Discovering that a file was not adequately prepared can be alarming, but it does not necessarily mean your case is lost.

Ontario courts recognize that newly retained counsel needs time to review the evidence, assess the legal issues, identify any gaps in the record, and develop an effective strategy. Courts have repeatedly emphasized that family law matters are generally best decided after both parties have had a meaningful opportunity to present their cases.

Does the Court Consider Why I Changed Lawyers?

Yes.

The court will consider the circumstances surrounding the change in representation. If a lawyer withdrew unexpectedly or the solicitor-client relationship broke down through circumstances outside your control, that may weigh in favour of granting additional time.

Even where a party bears some responsibility for the change in counsel, courts have recognized that the interests of justice may still favour an adjournment if proceeding would significantly undermine the fairness of the trial.

What If the Court Refuses an Adjournment?

In some circumstances, a refusal to adjourn may have serious consequences. If a party is required to proceed without a reasonable opportunity to prepare with new counsel, there may be grounds to challenge that decision if it results in procedural unfairness.

Whether an appeal is appropriate depends on the specific circumstances of the case, including whether the trial judge properly considered the relevant factors and whether refusing the adjournment affected the fairness of the proceedings.

How The Cahill Firm Can Help

If your previous lawyer has withdrawn, your case has not been properly prepared, or you are concerned that your matter is approaching trial before your new lawyer has had a reasonable opportunity to prepare, obtaining legal advice promptly is essential. At The Cahill Firm, we regularly assist clients who have changed legal representation during ongoing litigation and work to ensure that their case is presented fairly and effectively. Whether that involves seeking an adjournment, addressing procedural issues, or evaluating potential appeal options, our experienced litigation team can help you understand your rights and move your case forward.