As you go through a divorce, you may find you have issues with your attorney and wish to change. No matter the reason, changing attorneys in the middle of your divorce process is a risky idea. Still, you may have a valid reason for firing your attorney, so you need to weigh your options carefully. Here are some things to consider if you contemplate a new attorney in the midst of your divorce.
Why Do You Want to Change Attorneys?
Before you make the decision to change to a new attorney, you need to think carefully about what the reason is for doing so. Is the reason something that you can fix by speaking directly to your attorney? If there is something you do not like in the office or their practices, speak to the attorney about those problems to see if different accommodations are available.
However, some problems will be directly related to the actions of your attorney which may or may not be something you can change. In this case, you may find it easier to go to another attorney than trying to argue or solve an insolvable issue.
Lack of Communication
One of the most common issues for divorce clients is a lack of prompt communication between you and your lawyer. Although attorneys are very busy and handle multiple clients at the time, you should not have to wait more than a day for a return phone call. One or two instances may be normal, but if communication is clearly lacking, you may want to move on.
Mishandled Documentation
When you get a divorce, you have to submit a lot of documentation and paperwork along the way. If you find your attorney constantly asking you to submit paperwork you have already submitted, they are not able to keep up with documentation. This is a sign of trouble, especially is your case will soon go to trial.
Missed Deadlines
Deadlines are another important component to a divorce. An attorney who continues to miss deadlines is a major problem. Unless the lawyer has a really good reason to miss a deadline, you need to move to another attorney, as missed deadlines can cause you to lose out within your divorce. Missed deadlines delay your case or even cause a judge to throw it out of court, meaning you have to start over.
How Do You Start Over?
The thought of starting over with a new attorney is overwhelming, so you should understand how to begin your search. Look for different divorce attorneys in your area. Read any reviews of potential attorneys very carefully. If you know anyone who recently went through a divorce with an attorney you may consider, ask for their opinion of the process.
Visit different attorneys for a free consultation. This is the time to discuss your case, where you are in the process, and why you desire to change attorneys. Their response to your problems will give you a good idea as to whether or not a particular attorney will be any better.
Once you decide on a new attorney to move forward with, contact your former attorney to let him or her know of your plans. You will need to ensure paperwork and other components of your divorce get to your new attorney. You may also owe your former attorney fees based on your contract. While these steps can seem like a hassle, the process is worth it to gain a competent attorney.
If you need assistance with your divorce, or if you have any questions about the process, please call us at Randall A. Wolff & Associates, Ltd.
