DO YOU NEED TO REPLACE YOUR FAMILY LAW ATTORNEY?
Do you sometimes feel like the one person who is supposed to be fighting for you just isn’t doing their job? Sometimes when an attorney lets you down, the best thing you can do is to replace them as soon as you realize they are not a good fit. You may be wondering if it is wise to do that in the middle of a case. Or, whether it’s even necessary. Here’s how you should approach the situation.
What are your concerns about your attorney?
The first thing to do is identify what it is about your attorney that’s not working out. Many people often feel like their case is going too slow, or not working out in their favor the way they think it should. Or, perhaps you feel like your family law attorney just isn’t listening to you. Maybe you feel like you’re paying too much and not seeing significant results. Sometimes, the issue can be that your attorney is not returning your calls, missing court appearances, or not following through in other ways. Whatever it may be, when thinking of replacing attorney issues, it’s always best to identify early on exactly what the problems are.
Once you’ve identified the problem, ask yourself whether the issue is really with your attorney, or with your expectations. Sometimes folks don’t understand how family law cases work, or how the courts work, so they have expectations that just aren’t realistic. By asking your attorney about this, you may be able to clear up any misunderstandings.
Talk with your attorney
If you’ve clearly identified your concerns and are sure the fault lies with your attorney, it is best to start by talking with them. Be clear and concise about your concerns and let them know how you think they can do better. Maybe you just need to be better informed about the status of the case, or how these kinds of cases typically progress. Or, perhaps you want your attorney to ask or argue for different things. Maybe this could be a simple issue of how and when you would like them to communicate with you. Whatever it is, give them a chance to improve.
Get a second opinion
If they don’t improve and you suspect they could be doing better, but aren’t sure, it may be best to get a second opinion. Schedule a consultation with another family law attorney for their advice. They may charge you a small advising fee, but it’s worth it for your peace of mind.
However, beware of any attorney who seems overly critical of your current one or who promises you everything you are wanting. Sometimes they may just be after your money, and if you suspect that is the case, see another lawyer and ask them. While paying for both a second and third opinion may seem like a lot, it may really pay off for you, and it certainly is going to be less than replacing attorney costs (especially if you didn’t need to replace them).
The downsides of replacing your attorney
So, you’ve tried working it out with your current attorney, and you’ve sought a second opinion, and you are confident that replacing your attorney is the way to go. What next?
Well, for starters, you may need permission from the judge to switch attorneys, depending on how far into the case you are. Sometimes the judge will require that you wait, or that the trial proceed as scheduled, new attorney or not, in which case you had better have a new attorney lined up fast!
How much will it cost?
You may be wondering what replacing attorney costs look like. Well, sometimes it can be rather expensive, so it’s important to know in advance how complicated your case is considered to be and how close you are to any trials or hearings, as all of these will affect your bottom line.
If you haven’t been in the process for very long, or have a very simple case, it might not be too expensive. But, do consider that your new attorney will need to go over everything that has happened in your case so far, something you have already paid your previous attorney to do.
Is it a good idea?
Only you can decide if replacing your attorney is a good idea. But, at the end of the day, remember that an attorney has an important role and it needs to be filled by someone you trust is the best person for the job. If you need us, the team at Eaton Family Law would be happy to talk with you and answer any questions or concerns you may have about replacing your attorney.
