You’re in the middle of your divorce, and you are having problems with your attorney. Maybe you disagree with his or her strategy, tactics, fees or attitude. Whatever the reason, you would like to hire a new lawyer to replace the one you have. Should you change attorneys?
Reasons to Change Attorneys Mid-Divorce
Conflicts between clients and attorneys can occur for many reasons. If one does arise, the first step is to discuss them with your attorney and try to resolve them, so they don’t affect the case.
If the dispute is over how your matter is being handled, you should keep some points in mind. An experienced lawyer should be given some deference in deciding strategy and conducting your case because of their knowledge and skills. You hired them based on their expertise. In addition, divorce lawyers are highly regulated in terms of what they can and cannot do ethically in a case, so they may have valid reasons for taking certain actions.
With that said, you get the final say, provided you don’t ask your attorney to violate ethical rules or the law. You shouldn’t allow your lawyer to intimidate you. If he or she is unresponsive, defensive, arrogant or condescending, you should look for someone new.
Reasons Not to Change Attorneys
If you fire your attorney, you should hire another one. That means going through the same vetting process you did the first time around, including looking for possible candidates, interviewing them and checking references. You want someone you feel comfortable with, who asks questions, answers yours clearly, provides honest advice and is committed to helping you achieve a positive outcome in your matter.
It’s best to speak with several attorneys to compare them. There should be some consistency between them.
Attorney’s fees are highly regulated in divorce and family law cases. If you get an attorney with fees or strategies that are very different from the others, it may be cause for concern. However, expect to pay a higher hourly rate for someone with more experience with your type of matter.
Another reason you may not want to change attorneys is because of how the court may view it. Getting a new attorney once or twice over the course of your divorce may be fine. However, if you do it more often, you may compromise your credibility before the court as the judge may think you want an attorney to pursue a strategy or tactic that is not consistent with the law, ethical rules or your attorney’s advice.
If you’re considering getting a new attorney, contact us to discuss how we can help you with your divorce or other family law matter.
