Yes, you can switch to a pro bono lawyer, but the timing and process depend on your case type and which court you are in
If you hired a lawyer and can no longer pay their fees, you have the right to end that relationship and seek pro bono representation — legal work done for free by lawyers or law firms. The switch is not automatic, though. Your paid lawyer must formally withdraw from your case, you must notify the court, and you will need to find a pro bono lawyer willing to take on your case. The court will not assign one to you the way it does for criminal defendants who cannot afford counsel. How quickly this happens depends on whether your case is criminal or civil, how far along it is, and whether pro bono resources are available in your area.
The key difference between criminal and civil cases is that criminal defendants have a constitutional right to counsel if they cannot pay, while civil litigants do not. This means if you are facing criminal charges, you can ask the court to appoint a public defender once you show you are indigent. If your case is civil — a dispute over money, property, housing, employment, or family matters — you must find a pro bono lawyer yourself through legal aid organizations or bar association programs. Both routes require your paid lawyer to withdraw first, but the second step differs significantly.
Key Takeaways
- Your paid lawyer can withdraw from your case once you tell them you cannot pay, but they must file a motion with the court and get permission first.
- Pro bono lawyers are not assigned to civil cases the way public defenders are assigned to criminal cases — you must find one through a legal aid organization or bar association.
- The longer your case has been going on, the harder it may be to find a pro bono lawyer willing to take over mid-stream.
- Some courts will pause your case briefly to give you time to find new representation, but not all, so you need to act quickly once your paid lawyer withdraws.
- Legal aid organizations in your county can tell you whether pro bono help is available for your type of case and what the wait time is.
How your paid lawyer exits the case
Your lawyer cannot straightforward stop working and disappear. They must file a motion to withdraw with the court, which formally asks permission to leave the case. You should tell your lawyer in writing (email is fine) that you cannot continue paying their fees. They will then prepare the withdrawal motion, which typically includes a statement that you have been notified and that they have done what they can to protect your interests up to that point — for example, by giving you copies of all documents.
The judge must approve the withdrawal. In most cases, approval is routine, but the judge may ask questions if your case is close to trial or a major important date. Once the motion is granted, your lawyer is no longer your representative, and you become responsible for managing your own case until you find someone else. This is why timing matters: if your case is days away from a hearing and your lawyer withdraws, you may have to represent yourself at that hearing unless you find a new lawyer very quickly.
Finding a pro bono lawyer for a civil case
Civil cases — disputes over money, property, contracts, family matters, housing, employment — do not come with a right to free counsel the way criminal cases do. Instead, you must reach out to organizations that match people with pro bono lawyers. The main route is your local legal aid society or legal services office. These are nonprofits funded by government and private donations. They maintain lists of lawyers who have agreed to take cases for free.
Call your county bar association or search "legal aid [your county]" online to find the office nearest you. When you contact them, be honest about your case: what it is about, how far along it is, and what you need help with. Legal aid staff will tell you whether they handle that type of case, whether they have capacity to take you on, and if not, whether they know of other pro bono programs that might. Wait times vary widely — some organizations have openings within weeks, others have months-long waiting lists.
If legal aid cannot help, ask them for referrals to law school clinics, bar association pro bono programs, or specialized nonprofits that handle your type of case. For example, housing cases may be handled by a tenant rights organization, employment cases by a workers' rights group, and family cases by a domestic relations clinic. These organizations often have shorter wait times than general legal aid because they focus on one area.
Pro bono options in criminal cases
If you are facing criminal charges and hired a private lawyer but can no longer pay, the process is different. You can ask the court to appoint a public defender or contract attorney to take over your case. This is a right, not a favor — if you cannot afford counsel, the state must provide it. You will need to file a motion or fill out a form showing that you no longer have the money to pay your lawyer. The court will review your financial situation and decide whether to grant the request.
Once the court finds you indigent (unable to pay), a public defender's office or contract attorney will be assigned. This usually happens faster than finding a pro bono lawyer for a civil case because the court is obligated to provide representation. However, the public defender's office may be overloaded, so there can still be delays. Your paid lawyer must withdraw before the public defender takes over, and the court will coordinate the handoff.
What happens to your case while you are between lawyers
Once your paid lawyer withdraws and before a new lawyer takes over, your case is technically in your hands. You are responsible for meeting important date, showing up to hearings, and filing documents. If you miss a important date or fail to appear, the other side can ask the judge to dismiss your case or rule against you by default. This is why you need to find a new lawyer as quickly as possible.
Some judges will grant a brief continuance (a delay) to give you time to find new representation, especially if your paid lawyer's withdrawal is recent and you can show you are actively looking for help. However, judges are not required to do this, and some will not. The safest approach is to contact legal aid or pro bono programs before your paid lawyer even files the withdrawal motion, so you have a new lawyer lined up or at least know where to turn.
What to tell a pro bono lawyer when you reach out
Pro bono lawyers want to help, but they also need to know what they are taking on. When you contact a legal aid office or pro bono program, have the following information ready: the type of case (civil or criminal, and the specific area — family law, housing, employment, etc.), how long it has been going on, what stage it is at (early, discovery, pre-trial, trial-ready), and what your paid lawyer has done so far. If you have documents — court filings, contracts, correspondence — gather them and be ready to share them.
Be honest about why you can no longer pay. Pro bono programs understand that people run out of money, and it will not hurt your chances. What matters to them is whether your case is one they can handle and whether there is enough time for a new lawyer to get up to speed before the next important date. If your case is days away from trial and you are just now looking for help, that is a much harder sell than if you have weeks or months.
Costs and what to expect from pro bono representation
Pro bono work is free — you will not pay the lawyer's hourly rate or fees. However, there may still be court costs, filing fees, or informed witness fees that you are responsible for. Ask the pro bono lawyer or legal aid office what costs might come up and whether they can help you cover them. Some organizations have small funds to pay court fees for people who cannot afford them.
Pro bono lawyers are real lawyers with real experience, but they are also volunteering their time. They may not be available as quickly as a paid lawyer, and they may have limits on how much time they can spend on your case. This is normal and not a reflection of the quality of their work. Many pro bono lawyers are highly skilled and deeply committed to their cases. The trade-off is that you may have less frequent contact and longer waits between updates.
Frequently Asked Questions
Will the court let my paid lawyer withdraw if we are close to trial?
The judge has discretion. If withdrawal would unfairly harm you or disrupt the case, the judge may deny the motion or delay it until you have found a new lawyer. This is why you should start looking for pro bono help before your paid lawyer files to withdraw, not after.
What if no pro bono lawyer will take my case?
If legal aid and pro bono programs cannot help, you have a few options: represent yourself (called pro se representation), ask the court for a continuance to keep looking, or explore whether a law school clinic in your area handles your type of case. Some courts also have self-help centers that provide forms and guidance for people representing themselves.
Can I go back to my paid lawyer if I find the money later?
Yes, if your paid lawyer is willing and available. However, once they have formally withdrawn, they are no longer your lawyer. You would need to hire them again, which means signing a new fee agreement. A pro bono lawyer can also continue representing you even if you later gain the ability to pay — that is between you and the lawyer.
How long does it take to find a pro bono lawyer?
It varies by location and case type. Some legal aid offices can match you within days or weeks. Others have waiting lists of several months. Specialized nonprofits sometimes move faster. Call your local legal aid office to ask about their current wait time for your type of case.
Do I have to tell the other side that I am switching lawyers?
The court will know because your paid lawyer files a withdrawal motion. The other side will see this filing. You do not need to contact them directly, but your new lawyer will introduce themselves once they take over the case.