Divorce is a stressful experience, and maintaining a strong working relationship with your attorney is key in minimizing additional strain. But what happens when you start to feel doubt and/or lack of confidence in your attorney’s abilities, and you begin wondering if you should make a bold move and change attorneys? That begs the question: When is it too late to change attorneys?
My opinion: Virtually never. Certainly the timing impacts trial dates and may require court approval, but you have the right to legal counsel of your choice. Even highly regarded attorneys may fall short in certain areas critical to effective representation due to a variety of reasons. These could include personality differences, timing, and so many other factors.
Below are key indicators to consider if you are considering changing attorneys during divorce:
1. Lack of Clarity: If you consistently struggle to understand your attorney’s advice or reasoning, it may be a red flag. While legal terminology can be complex, a good attorney should be able to explain matters in plain language and ensure you fully grasp the implications of their recommendations.
2. Feeling Unheard: Attorneys are trained to focus on legally relevant details, but that should never come at the expense of listening to your concerns. If you feel dismissed or that your story is being overlooked, it can hinder your ability to collaborate effectively.
3. Unanswered Questions: It’s natural to have questions throughout your case. While some may require research or file review, your attorney should acknowledge your inquiries and keep you informed – not leaving you feeling ignored.
4. Poor Responsiveness: Urgent matters may take precedence, but you shouldn’t be consistently pushed aside or left waiting until the last minute. Timely communication is a cornerstone of effective representation.
5. Preparedness Problems: If your attorney appears unprepared in court despite receiving all necessary information from you well in advance, it may indicate an overloaded caseload or lack of attention to your matter – both of which could compromise your case.
While these considerations can help guide your decision about continuing with your current attorney, not all issues require a change in counsel. Sometimes, a candid conversation can resolve misunderstandings or temporary hurdles. Attorneys are human too – balancing client needs, business obligations, and personal responsibilities.
All that said, attorneys are not one-size-fits-all. A different practice style or personality may ultimately make you feel more comfortable and confident moving forward. Although the timing of a change in counsel can delay the case or increase legal fees, it is rarely too late to change attorneys during divorce if you feel like it is affecting the outcome of your case, and/or your wellbeing.
When you’re going through a divorce, everything’s on the line.
If your attorney doesn’t feel like the right match, listen to that gut feeling – it matters. Consider talking to another attorney (or two) before making the switch and see how you feel. You might walk away with a greater appreciation of your current attorney, or the exploration of alternate counsel might make you realize that a change is the best thing for your case.
