Should I Switch Asylum Lawyers If I Think Mine Is Doing It Wrong?

When your asylum case feels like it's going nowhere — or when a second attorney tells you your current lawyer is handling things badly — the instinct is to make a change immediately. But before you do, there's a serious warning from immigration attorney Ilya Fishkin that every asylum applicant needs to hear.

What the Attorney Says

Attorney Fishkin describes a pattern he has seen play out repeatedly: a client, feeling uncertain about their case, goes to consult a second lawyer. That second lawyer quickly criticizes the first one — "your attorney is doing this all wrong, that's not how it's done" — and convinces the client to switch. Then, if something goes wrong later in the case, the new attorney points back and says, "See? I told you. If you had come to me from the start, things would have been different."

But here is the critical point Fishkin makes: the case may not have been damaged by the first attorney at all. In reality, it may have been the second attorney — the one who stepped in promising to fix everything — who actually caused the harm. The new lawyer, Fishkin explains, has little to lose by taking over a case they've already framed as "already difficult" or "already damaged." If things go wrong, the blame is pre-assigned to whoever came before them.

This is not a hypothetical. It is a real tactic some attorneys use to attract clients away from competitors. The client, already anxious and confused, is easy to convince that their situation is worse than it is — and that only this new lawyer can save them. Fishkin's message is direct: be very careful.

What You Should Do

The fragment of advice from attorney Fishkin doesn't lay out a step-by-step checklist, but his warning points clearly toward a few grounded, cautious steps:

• Don't make a rushed decision based on one consultation. If a second attorney immediately tells you your current lawyer is incompetent, treat that as a red flag, not a green light. A trustworthy attorney will give you an honest assessment — not a sales pitch built on fear.

• Ask specific questions, not general ones. Instead of asking "is my attorney doing a good job?", ask: "What specifically concerns you about how this has been handled, and why?" Vague criticism of another lawyer is easy to make and hard to verify.

• Understand that switching attorneys mid-case carries real risk. A new attorney inheriting your case may later use the complexity of that case as a shield if outcomes are poor. You may end up in a worse position than if you had stayed the course.

• If you genuinely believe there is a problem, get a second opinion — but from someone with no financial interest in taking over your case. Some nonprofit immigration organizations offer case reviews. The goal is clarity, not a new retainer agreement.

• Talk to your current attorney first. If something feels wrong or confusing, ask your lawyer directly. Many misunderstandings come from lack of communication, not from actual errors.

FAQ

Q: Is it ever okay to switch asylum attorneys? A: Attorney Fishkin does not say you should never change lawyers. His warning is specifically about the pattern where a second attorney criticizes the first in order to take over the case — and then, if things go wrong, blames the original attorney. The concern is about being manipulated into a switch that isn't in your best interest.

Q: How do I know if a second attorney's criticism of my current lawyer is legitimate? A: Fishkin's warning suggests you should be skeptical when a new attorney is quick to condemn your current one. Legitimate concerns should be specific and explainable — not just general statements like "that's not how it's done." If the criticism is vague and the pitch is urgent, be cautious.

Q: What if my case really does go badly after switching attorneys — who is responsible? A: According to Fishkin, this is exactly the trap: the new attorney has already framed the case as damaged before they took it, so if it fails, they point to the first lawyer. The client is left with a poor outcome and no clear accountability. This is why he urges people to be very careful before making a switch.

Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.