It Feels Like My Lawyer Is Working Against Me — Here's How to Tell If You're Right

You're sitting in the hallway outside the courtroom and your attorney just told you to take the deal. Again. For the third time. Without discussing alternatives. Without explaining why trial isn't an option. Without seeming to care about what happens to you.

And you're thinking: Whose side are you on?

This feeling — that your own lawyer is working against you — is one of the most common things we hear from defendants. And here's the uncomfortable truth: sometimes you're right.

Why It Happens

Reason 1: They took too many cases

Criminal defense attorneys, especially in mid-range firms, often carry caseloads that make effective representation impossible. When someone has 80-100 active cases, your file becomes a number. The path of least resistance is always the plea deal — it's faster, easier, and frees them up for the next retainer.

This doesn't mean they're evil. It means the economics of their practice don't align with your interests.

Reason 2: They've already decided you're guilty

Some attorneys — consciously or unconsciously — start working toward a plea the moment they see the charges. They don't investigate. They don't file motions. They treat the prosecution's evidence as gospel and focus on damage control instead of defense.

The problem: damage control isn't what you paid for. You paid for someone to challenge the evidence, find weaknesses, and fight.

Reason 3: They're afraid of the judge or prosecutor

In small jurisdictions especially, defense attorneys who file too many motions or take too many cases to trial can develop reputations as "difficult." Some attorneys prioritize their relationship with the court over their relationship with you.

Watch for: an attorney who seems more worried about annoying the judge than about defending your rights.

Reason 4: It's actually a communication problem

Here's the other side: sometimes the evidence really is bad. Sometimes the plea deal really is the best option. Sometimes your attorney is doing everything right but terrible at explaining why.

Before you conclude your attorney is working against you, make sure you've had a real conversation about strategy. Not a hallway chat. A sit-down meeting where you ask hard questions and get real answers.

The Warning Signs

They agreed to terms without consulting you

This is the biggest one. If your attorney agreed to anything — a continuance, a plea framework, a sentencing recommendation — without discussing it with you first, that's a violation of their duty. You make the decisions. They advise.

The classic version: your attorney tells you after the fact that they've "worked something out with the prosecutor." You weren't consulted. You weren't informed. You just get told what's happening to your life.

They dismiss your questions

You ask about filing a motion. They say "that won't work." You ask why. They say "trust me" or "that's not how it works in this court."

A good attorney explains why. A dismissive attorney doesn't think they owe you an explanation. They do.

They spend more time with the prosecutor than with you

If your attorney seems friendlier with the person prosecuting you than with you, that's a problem. Professional relationships between attorneys are normal. But if your lawyer is laughing and chatting with opposing counsel while you're sitting there terrified — that dynamic is broken.

They haven't done any independent work

Check the court docket (many jurisdictions have online access). Look at what's been filed. If the only filings are appearance entries and continuance requests — no motions, no discovery demands, no defense activity — your attorney hasn't been working.

They pressure you to plead quickly

"Take this deal before they take it off the table." "If you don't accept by Friday, it gets worse." "You really don't want to go to trial."

Urgency can be real. But manufactured urgency to close out a case fast? That's a sign your attorney is managing their schedule, not your defense.

They don't know the details of your case

If your attorney has to look at the file to remember your charges, confuses facts about your case, or asks you questions they should already know the answers to — you're not getting attention. You're getting processed.

What to Do About It

Step 1: Ask direct questions

Don't hint. Don't hope. Ask directly:

"What is your theory of defense in my case?"
"What motions have you considered, and why did you decide not to file them?"
"What are the specific weaknesses in the prosecution's case?"
"If this were your family member, would you recommend taking this plea?"

Write down the answers. A good attorney will engage seriously with these questions. A bad one will get defensive or vague.

Step 2: Put your concerns in writing

After the conversation, send an email summarizing what was discussed and what you're concerned about. This serves two purposes:

It creates a paper trail
It forces your attorney to respond in writing (or ignore you in writing, which is also telling)

Step 3: Check the record

Look up your case on the court's online portal (if available). See what's actually been filed. Compare it to what your attorney told you they'd do.

Step 4: Request your file

You have the right to a copy of your entire case file. This includes discovery, correspondence, notes, and everything else. If your attorney resists, that's a red flag the size of a billboard.

Step 5: Get an outside perspective

The problem with evaluating your attorney is that you're not a lawyer. You don't know what "normal" looks like. What feels like neglect might be standard practice — or what feels normal might actually be malpractice.

This is exactly why we exist. We review your case, analyze what's been done, and tell you — honestly — whether your attorney is performing. No agenda. No trying to steal the case. Just information.

The Hardest Part

The hardest part isn't figuring out whether your attorney is working against you. It's deciding what to do about it.

Firing an attorney mid-case feels risky. Staying with a bad one feels hopeless. And the uncertainty in between is agonizing.

But here's what we've learned from reviewing hundreds of cases: the defendants who ask hard questions early get better outcomes than the ones who stay quiet and hope for the best.

Whether you stay with your attorney or switch, the act of holding them accountable — asking specific questions, demanding explanations, documenting everything — changes the dynamic. You go from being a passive client to an engaged one. And engaged clients get better representation.

Every time.

This is legal information, not legal advice. We are not attorneys and do not provide legal representation. We provide research, analysis, and questions to help you work more effectively with your attorney.