Anyone who has a court-appointed lawyer but is dissatisfied with their work quickly asks: can I change my court-appointed lawyer? Since the reform of the law on mandatory defence, a change is regulated more clearly than before. A change is possible – but only under certain conditions.
Chosen lawyer and court-appointed lawyer – the difference
A chosen lawyer is instructed and paid by the accused, who can generally change them at any time. A court-appointed lawyer, by contrast, is assigned by the court in cases of mandatory defence (sections 140, 141 StPO) – for example in serious cases, in custody matters or where a significant legal consequence is threatened. The appointment creates a public-law relationship that cannot simply be ended by termination.
The principle: free choice, but a bound change
Even those who are subject to mandatory defence initially have the right to choose their own lawyer; the court will, as a rule, appoint the person named by the accused. Once the appointment has been made, however, a later change is tied to statutory conditions (section 143a StPO). This is intended to prevent proceedings from being delayed by repeated changes of lawyer.
Change by instructing a chosen lawyer
The simplest route: if the accused instructs a new chosen lawyer, the appointment of the previous court-appointed lawyer is to be revoked (section 143a(1) StPO). This generally requires that the new lawyer takes over the defence and that there is no reason to maintain the existing appointment. In practical terms: anyone who has lost confidence in the court-appointed lawyer and is able to instruct another lawyer can change in this way.
Consensual change shortly after the appointment
The law also provides for a facilitated, consensual change (section 143a(2) sentence 1 no. 1 StPO): if the accused applies for the change within three weeks of being notified of the appointment, the previous and the new lawyer agree, and the proceedings are not delayed as a result, the change is to be granted. This route is particularly relevant where it quickly becomes clear after the appointment that one would prefer to be represented by a different lawyer.
Change due to a destroyed relationship of trust
The most important ground for a change in case of dispute is the definitive destruction of the relationship of trust (section 143a(2) sentence 1 no. 3 StPO). If the trust between client and court-appointed lawyer is permanently and definitively destroyed, or if for another reason an appropriate defence is no longer guaranteed, the previous court-appointed lawyer is to be discharged and a new one appointed. Mere dissatisfaction or isolated differences of opinion are not enough – specific, comprehensible circumstances are required, such as a complete breakdown of communication or serious omissions.
When is a change not possible?
A change is ruled out where it serves solely to delay the proceedings or where there is no viable reason. Proceedings that are already well advanced may also weigh against a change if a new lawyer could no longer familiarise themselves in time. The courts therefore examine carefully whether there is a legitimate interest or whether the application is in substance aimed at delay.
Does a change cause additional costs?
If the court-appointed lawyer is changed, the state may ultimately have to bear the fees of several lawyers. This is precisely why the conditions for a change are subject to requirements. If the accused instead instructs a chosen lawyer, the general rules apply to their remuneration. We clarify the cost consequences openly with you in the individual case.
How does the change work?
The change is applied for and substantiated before the competent court. We examine which route works in your situation – instructing a chosen lawyer, a consensual change, or discharge due to destroyed trust – and file the application with the required reasoning. The aim is for your defence to be put on an orderly footing without delay.
Frequently asked questions
Can I simply dismiss my court-appointed lawyer? No. The appointment is revoked by the court, not terminated by the client. A statutory ground for a change or the instruction of a chosen lawyer is required.
Is it enough that I am dissatisfied with the work? Mere dissatisfaction is not sufficient for a discharge. A definitively destroyed relationship of trust or another statutory ground is required.
Do I have better chances shortly after the appointment? Yes. Within three weeks of being notified of the appointment, a consensual change is possible under facilitated conditions.
Are you dissatisfied with your court-appointed lawyer and considering a change? Talk to us – we will examine whether and how a change is possible in your case.
This article provides general information and does not replace advice in an individual case.
Written by attorney Philip Bafteh, criminal defense lawyer in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.
More about the attorney →Last updated: Juni 2026
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