Can you change your lawyer during your divorce? The simple answer is yes.
- What Should I Consider When Picking a Lawyer?
When you hire a lawyer, it is important to feel that your case is in good hands. This is why it is a good idea to meet with a lawyer who will provide an initial consultation. An initial consultation can allow you to meet with a specific lawyer, get some initial answers to your questions, and determine if this lawyer is somebody to whom you feel comfortable entrusting your case.
These are some things you should consider in hiring a lawyer. What is this lawyer’s policy on communication with clients? For example, Hunt Law Firm has a 24-hour rule. Within 24 hours of a client’s communication to their lawyer at Hunt Law Firm, their lawyer will respond and either address the question or update then, or will set up a time for a client call or client meeting to discuss the matter. Some lawyers do not have a policy like this and might take longer to reply than the client is comfortable with. Does the lawyer have any support? For example, is the lawyer a sole practitioner? Or, are there other lawyers in the firm/on the lawyer’s team who can help manage cases and answer client questions? Does the lawyer have a paralegal or legal secretary to help work on the case? Does the lawyer seem organized, or do they seem overwhelmed and disorganized? Does the lawyer’s style mesh with your own? For example, do you prefer someone who is outgoing or more reserved?
Considering things like this can help you determine if a particular lawyer is the right fit for you.
- What If I’m Not Happy With My Current Lawyer and I Have Already Found a New Lawyer?
If you are not happy with your current representation, you can retain a different lawyer, even while your case is pending. What does that process look like?
If you find a lawyer that you prefer to represent you rather than your current attorney, your new attorney will file a couple of documents with the court. One of these documents is an Entry of Appearance-Designation of Attorney in Charge. This document states that you are designating your new attorney as the attorney in charge of your case and all communication from the court or other counsel needs to be directed to your new attorney. You will sign this document, and your new attorney will file it with the court.
A second document that your new attorney will file is a Motion for Substitution of Counsel. This motion asks the court to allow you to substitute your new attorney in place of your previous attorney. It also states that you, as the client, approve this change. There are two “versions” of the Motion for Substitution of Counsel. An Agreed Motion for Substitution of Counsel contains your signature, your new attorney’s signature, your previous attorney’s signature, and your spouse’s attorney’s signature (or your spouse’s signature if they are representing themselves). Getting everyone’s signatures on this document communicates to the court that everyone knows about the change. While this is an “Agreed” motion, it is important to know that this does not mean that your previous attorney or your spouse’s attorney could prevent you from getting new counsel because they have “agreed” to let you hire someone else. It merely prevents the need for a hearing before the judge to approve the change. The other version of the Motion for Substitution is a non-agreed Motion for Substitution. This motion contains all the same information as the agreed version, but it does not require your previous attorney’s signature. This version of the motion provides you a way to change your attorney without needing to rely on your previous attorney to provide their signature. No matter which version of the Motion for Substitution of Counsel you end up using, the end result is the same: your new attorney will be substituted in place of your previous attorney.
- What if I’m Not Happy with My Current Lawyer, But I Do Not Have a New Lawyer?
If you are not happy with your current representation, but you do not yet have a new attorney, you can still end your attorney-client relationship with your current attorney. In such an instance, your attorney will file a Motion for Withdrawal of Counsel with the court. This document asks the court to allow your current attorney to withdraw as your attorney in the case. The document is required to notify you, as the client, that you are not required to agree to the motion, and you should appear at the hearing on the motion if you are opposed to your attorney’s withdrawal from your case.
Something to remember is that your case does not stop or pause if you end your attorney-client relationship. If you do not have a new lawyer, you are representing yourself and are responsible for meeting all case deadlines and attending all hearings/trials in your case.
- Other Considerations
If you want to change your attorney during your case, you should consider some other things to make an informed decision. For example, you should look at the Legal Services Agreement you signed with your attorney. What is the procedure for receiving any refund if you have paid a retainer? How do you receive your file containing all documents from your attorney’s office? What is the procedure if you have an outstanding balance with your attorney for work already done? If you do not yet have a new attorney, how will you make sure that you do not miss any deadlines or hearings? If you already have a new attorney, will you ask that your new attorney and previous attorney have a phone call to talk about your case in order to catch your new attorney up to speed?
To learn more about changing your attorney during your case, consult with one of our attorneys.