The Right to Choose Your Defense

Facing legal proceedings is a complex journey, and trust in your defender is a fundamental element. If you feel that the relationship with your current lawyer has been strained or that the defense strategy no longer reflects your expectations, it is important to know that you have the full right to revoke the mandate at any time during the process. The decision to change lawyers is not a failure, but a conscious action to best protect your interests. Understanding how this process works is the first step to regaining control of your legal situation with renewed confidence and expert guidance.

The Regulatory Framework for Mandate Revocation

In Italy, the relationship between client and lawyer is based on trust (intuitu personae). When this bond is broken, the Code of Civil Procedure, in Article 85, clearly states that the assisted party can revoke the mandate to their defender at any stage and level of the proceedings. Revocation does not require just cause and can be formally communicated through written notice, such as a registered letter with return receipt or a certified email (PEC). It is important to note that the revocation takes effect from the moment the previous lawyer becomes aware of it. Until then, they will continue to represent you. Concurrently, you have the right to obtain the return of all documentation relating to the case, subject to payment of fees accrued up to that point for the work performed.

Managing the Transition: The Bianucci Law Firm's Approach

Replacing a lawyer during an ongoing case is a delicate operation that requires expertise and strategic planning to avoid jeopardizing the outcome of the proceedings. The approach of lawyer Marco Bianucci, a lawyer in Milan with consolidated experience in managing complex judicial proceedings, focuses on a smooth and strategic transition. The process begins with an in-depth analysis of your position, examining all existing acts and documentation to understand the status of the case and the strategies adopted up to that point. Subsequently, the firm handles all formal communications with the previous colleague, ensuring an orderly and professional handover. The goal is to guarantee the continuity of legal action, redefining a new defense strategy that is fully aligned with your needs and the objectives to be achieved.

Frequently Asked Questions

Can I change lawyers at any time during the case?

Yes, the law allows you to revoke the mandate to your defender at any stage of the proceedings, whether in the first instance, on appeal, or before the Supreme Court of Cassation. Revocation does not require a specific justification, being an unconditional right of yours.

Do I have to pay the lawyer I revoked?

Yes, you are obliged to settle the fees accrued for all professional activity performed by your previous lawyer up to the moment of revocation. The lawyer has the right to retain the documentation until full payment of what is owed.

What happens to my case documents when I change lawyers?

Once the fees are settled, the previous lawyer is legally required to immediately return all original documentation in their possession. The new defender will use these documents to study the case and continue the defense.

How long does it take to change lawyers?

The process can be very quick. The revocation takes effect as soon as the previous lawyer receives formal notification. The handover to the new defender, such as lawyer Marco Bianucci, is managed with the utmost speed to avoid gaps in the defense and to meet procedural deadlines.

Consider a New Strategy for Your Case

If you are considering changing lawyers, it is essential to act with clarity and entrust yourself to a professional who can analyze your situation with expertise and propose a new strategic vision. The Bianucci Law Firm in Milan is at your disposal for a confidential evaluation of your case. Contact lawyer Marco Bianucci to discuss how taking over the mandate can strengthen your position and lead you towards the most effective solution.