Legal matters rarely unfold exactly as expected, and it is genuinely common for clients to want to change direction partway through, whether because new information has emerged, circumstances have changed, or you simply have a different view now than when you first engaged your lawyer. This guide explains how changing your instructions actually works once your lawyer has already begun.
Yes, You Generally Can Change Your Instructions
As the client, you retain ultimate authority over the significant decisions in your own matter, and your lawyer is generally required to act on your properly given instructions, even if those instructions change from what you originally asked for. This is a fundamental feature of the lawyer-client relationship: your lawyer provides expertise and advice, but the underlying decisions about how to proceed remain yours to make, and to change, within the bounds of what is legally and ethically possible.
The Difference Between Lawful Changes and Changes Your Lawyer Cannot Follow
It is worth understanding the limits here. Your lawyer must follow your lawful instructions, but they are not obligated, and in fact are professionally prohibited, from following an instruction that would require them to act dishonestly, mislead the court, or otherwise breach their professional obligations. If your changed instruction falls into this category, your lawyer will decline to act on it and explain why, which is not your lawyer being unreasonable, but rather them upholding obligations that exist to protect the integrity of the legal process itself.
Your Lawyer’s Duty to Advise You, Even When You Disagree
A good lawyer will not simply follow a changed instruction silently if they believe it is genuinely not in your best interests. Part of their professional duty is to advise you clearly on the implications of a change in direction, including any risks or downsides you might not have fully considered. You are still entitled to proceed with your changed instruction after hearing this advice, provided it is lawful, but a lawyer who raises a concern is doing their job properly, not overstepping their role.
Practical and Cost Implications of Changing Direction
Changing your instructions partway through a matter is rarely entirely free of consequence. Work already completed based on your original instructions may need to be revisited, adjusted, or in some cases redone entirely, and this generally means additional cost, particularly under hourly billing. If you are on a fixed fee, a significant change in direction may fall outside the originally agreed scope, triggering additional charges. It is worth asking your lawyer directly what a specific change would mean for both cost and timeline before committing to it, so you can make a properly informed decision rather than being surprised by the consequences afterward.
Changing Strategy Versus Changing the Fundamental Goal
It helps to distinguish between adjusting strategy within the same overall goal, such as deciding to pursue mediation rather than a contested hearing while still aiming for the same underlying outcome, and changing the fundamental goal itself, such as deciding you now want to contest something you had previously agreed to. The first kind of change is generally straightforward for a lawyer to accommodate. The second kind can sometimes require essentially restarting significant parts of the work already done, which is worth understanding clearly before you commit to a genuinely different direction.
What Happens If You Change Your Mind About the Outcome You Want
Sometimes a change in instruction reflects a change in what you actually want to achieve, rather than simply how to get there, perhaps you initially wanted to pursue a dispute aggressively and have since decided you would prefer a quicker, more conciliatory resolution, or the reverse. Your lawyer can generally adjust to this kind of change, though it is worth having an honest conversation about what prompted the shift, since understanding your genuine underlying priorities helps your lawyer advise you more effectively going forward.
Common Reasons Clients Change Their Instructions
Instructions change for all kinds of legitimate reasons: new evidence or information comes to light that shifts the picture, a family circumstance changes, such as a reconciliation partway through a divorce or a change in a child’s needs, financial circumstances shift, affecting what outcome you can realistically sustain, or you simply gain a clearer sense of your own priorities once the process is genuinely underway rather than still theoretical. None of these reasons reflect poorly on you as a client. Legal matters often unfold over months, and it would be unusual for your view of the best path forward to remain completely static throughout.
How to Raise a Change in Instructions Effectively
When you do want to change direction, being clear and direct with your lawyer produces the best result. Explain specifically what you want to change, why, if you are comfortable sharing that context, and ask directly what this means practically, in terms of next steps, timeline, and cost. A lawyer working from a clear, well-explained instruction can generally respond more effectively than one left to guess at what you actually want based on a vague or incomplete signal.
Formalising a Significant Change
For a genuinely significant change in instructions, particularly one with real cost or strategic implications, it is worth having your lawyer confirm the change and its implications in writing, rather than leaving it as a verbal conversation. This protects both you and your lawyer, creating a clear record of what was actually agreed if there is ever a question later about what direction you asked for and when.
If Your Lawyer Refuses to Follow a Changed Instruction
If your lawyer declines to follow a changed instruction, ask them directly and clearly why, since there is an important difference between a lawyer refusing because the instruction is genuinely unlawful or improper, and a lawyer simply disagreeing with your strategic judgment. If you believe the refusal is about the latter rather than the former, and you remain confident in your changed direction, you are entitled to seek a second opinion, or in some cases, to switch to a different lawyer more aligned with how you now want to proceed.
Frequently Asked Questions
Can I change my instructions verbally, or does it always need to be done formally in writing?
A verbal instruction is generally valid, though for anything significant, it is genuinely sensible to have it confirmed in writing afterward, both to ensure clarity and to create a record that protects both you and your lawyer if a question arises later.
Will changing my instructions partway through a court case require the court’s permission in any way?
This depends on the specific stage your matter has reached and the nature of the change, since some procedural steps already taken may be difficult or require formal court applications to unwind, so it is worth understanding the specific implications for your matter directly from your lawyer.
Is it common for clients to change their instructions more than once during a single matter?
Yes, this happens fairly often, particularly in matters that unfold over many months, as new information emerges or circumstances change, and a reasonable lawyer generally expects and can accommodate this as a normal part of an evolving matter.
Does changing my instructions affect how much my lawyer trusts my judgment going forward?
A lawyer’s role is to advise and represent you based on your properly considered decisions, not to judge you for changing your mind, so a reasonable change, especially one made after genuine reflection or new information, should not affect the working relationship negatively.
What should I do if I am unsure whether my desired change is something my lawyer can actually accommodate?
The most straightforward approach is simply to raise it directly and clearly with your lawyer, explaining what you would like to change and why, and letting them advise you on what is possible, what it would involve, and any implications, rather than trying to guess the answer yourself beforehand.
Thank you for sharing this article...
About the Author: Randy Alta
