Need a New Divorce Attorney?

Do You Need a New Divorce Lawyer?

Finding the right divorce and family law attorney is critical to success in resolving your case. However, knowing when to get a new attorney is also important.

There are many good Family Law and Divorce lawyers, however, there are some that don’t measure up and fall short either professionally, interpersonally, or ethically. Unfortunately, you may not know this for some time after you have retained your attorney. It is important to know that you do have the right to fire your attorney and seek new counsel at any time.

Here are just a few signs that you may need to search for a new Family Law/Divorce attorney:

1. Poor Communication

One of the biggest complaints which often result in disciplinary proceedings against attorneys is poor or no communication with their clients. If you are more familiar with your attorney’s secretary or paralegal, or worse their voice mail, than with your attorney there is a problem. Does it often take days or weeks to receive a reply to your emails or telephone calls? If so there is a problem. This is not only unprofessional and rude but attorneys have an ethical duty to communicate with their clients.

If this describes your attorney you may want to consider dropping that attorney and finding another.

2. Unethical or Unprofessional Tactics

We have all seen the sensationalized television dramas showcasing the overly-aggressive and often unethical attorney. While this makes for good television ratings those sleazy tactics do not translate well to real life practicing attorneys. Those attorneys who utilize unethical or unprofessional tactics are soon known to their legal community and are not respected. This lack of respect will not help your attorney to resolve your case.

Being verbally abusive to your ex spouse or other attorneys is not the way to get things accomplished. All this will do is create a more litigious environment and lead to delays in resolving your case.

If your attorney is unethical with judges and other attorneys this may also carry over to you and your billing. Do not wait to find a new attorney if this is the case.

3. Making Major Decisions Without Consulting You

Your divorce or Family Law matter is YOURS. It does not belong to your attorney. You are the one who should be making the major decisions with the advice and input of your attorney. Of course you hire an attorney so you do not have to handle every little detail yourself, but when it comes to the major decisions that will affect you for a long time you expect and deserve to be consulted.

4. Questionable Billing Practices

Many Family Law/Divorce attorneys charge an initial retainer then bill their hourly rate against that retainer. However, not all attorneys do and instead charge you a flat-rate fee for the services you request. Unfortunately, for those charging hourly rates the temptation is to bill for everything and keep the case going on for as long as the money keeps coming. There is no incentive for the attorney to achieve settlement. Additionally, one of the many complaints made to the State Bar is questionable billing practices such as charging their clients for hours that they did not work on their case.

If your attorney is reluctant to send you billing statements, or if those statements seem to have exaggerated hourly charges, you should be looking for a new attorney.

5. Obvious Lack of Experience

Did your attorney promise you the world but later seems to be not delivering on those promises? Has your attorney missed filing deadlines or is late or a “no show” for hearings? Does it appear that your attorney is disliked or disrespected by other attorney and judges? If any of these apply you should be looking for a new attorney.