When Is It Too Late To Fire Your Attorney

When you’re going through a family law issue, nothing may seem easy. From overwhelming emotions to complicated legal procedures, this is indeed a challenging time for you & your family. Hiring legal representation is the first step to protecting your rights, but what if your attorney fails to deliver? Or you are not happy with how they are handling your case? When is it too late to fire your attorney?

You have specific goals in divorce, and as a client, you deserve to be represented by someone who can fight for your rights and leave no stone unturned in achieving the best possible outcome. If you aren’t pleased with your attorney’s performance, you have the right to change attorneys.

When Should You Fire Your Attorney?

1. Lack of Experience

If your attorney is unfamiliar with the specific issues you are facing, like child custody or high-asset property division, they may not be able to deliver the desired outcome. In this case, a change may be the only viable option.

2. Repeatedly Rescheduling Meetings or Court Appearances

   While occasionally moving meetings or court dates are fine, a consistent pattern of rescheduling without good reason is a cause of concern. This behavior may indicate unprofessionalism or lack of care/time towards your case.

3. Poor Communication Skills

   An attorney who doesn’t return your calls or emails or fails to keep you informed of your case progress shows inability or unwillingness. Either way, a lack of attorney-client communication can be detrimental to your interests and a compelling reason to fire your attorney.

4. Unethical Approach

   If you have ethical concerns about how your case is being handled, it is a major sign of poor legal representation.

5. Negative Billing Practices

   Failure to bill you regularly, unexplained inclusions, or deviations from the attorney-client agreement may reflect poor or overbilling practices. Address such issues with your lawyer immediately and consider a replacement if things don’t change.

6. Constant Disagreements

   If you and your attorney constantly disagree regarding your goals, the case strategy, or their approach to handling your matter, changing attorneys may be the best option forward for you.

7. Incompetence

   Your attorney being completely out of their league regarding the issues or assets in your case indicates incompetence. If they are disorganized, confused about the facts of your case, and have no prior experience dealing with specific areas, it may cause an imbalance in comparison to your spouse’s attorney, potentially tilting the outcome in their favor.

8. Unwilling to Cooperate

   Not willing to work with other members involved in your case, such as forensic accountants or financial advisors, is a red flag for your choice of representation.

When Should You Not Fire Your Attorney?

While all of the above are compelling reasons to fire your attorney, there are instances when you may be annoyed or upset and make impulsive decisions.

Occasional Response by Their Legal Secretary or a Paralegal

Remember that your attorney may be handling multiple cases. It is natural to expect your attorney to return your calls, but the occasional response by their legal secretary or a paralegal should not be a major point of concern. You would want your lawyer to focus on the major issues in your case and strive to resolve them efficiently rather than being distracted by frequent calls from other clients.

Amiable Relations with Your Spouse’s Attorney

There is every chance that your attorney has a cordial relationship with the opposing counsel. But exchanging the occasional pleasantries doesn’t necessarily mean they won’t defend your rights vigorously. In fact, your attorney can potentially use this to their advantage, as they are familiar with the other side’s weaknesses.

Minor Disagreements

Minor disagreements over issues like child custody or property division should not be taken out of context. The attorney possesses legal knowledge and trial experience, so they are often in a better position to identify setbacks and the possibility of a negative outcome. They are looking out for you and helping you make informed decisions, which may not always be what you originally wanted.

Situations Where it Might be Too Late to Fire Your Attorney

In most family law cases, the decision to fire your attorney is entirely your right. If you’re unhappy with the quality of your legal representation, you are entitled to switch attorneys. However, there are instances where changing lawyers can disrupt your strategy, cause delays, and increase the risks of an unfavorable outcome. Here’s when it might be too late to fire your attorney:

Your case is Close to a Verdict

If you are close to a verdict with just a few hearings left, firing your attorney may be a bad idea. It may delay the proceedings and end up costing you the additional fees of the new attorney.

You are Close to a Settlement Agreement

If your attorney has successfully negotiated settlement terms with your ex-spouse, changing counsel at this point can derail or possibly sabotage the negotiations. This can also increase the risk of a trial, which can be lengthy, arduous, and time-consuming.

Consequences Of Firing Your Attorney Late In The Case

1. Delayed proceedings: Late attorney changes can prolong the legal procedure. Your new lawyer will need time to analyze your case, learn the specifics, & plan. Postponing court dates, hearings, or discussions can delay your case.

2. Additional expenditures: Changing attorneys too late may double the legal expenses. Your current attorney may be entitled to receive a legal fee for all work done in your case. Your new attorney may also demand a retainer fee while working on your case, adding to the costs.

3. Loss of continuity: Switching attorneys late in the case can disrupt your legal strategy. Your new counsel may have a different viewpoint or approach, potentially causing disagreements and delays in the proceedings.

4. Emotional toll: Firing your attorney too late may stall the progress of your case, leaving issues unresolved for the time being. This may cause prolonged stress for everyone involved, especially children.

While firing your attorney late is not ideal, it may be required to get the best outcome in your family law case. Nonetheless, you must measure the possible implications of your discontent with your existing representation. A new attorney can advise you on the best course of action before making any judgments.

The Right Way to Fire Your Lawyer

The most important thing to remember is that no matter how unhappy you are with your lawyer, you shouldn’t fire them until you have a new one. Do not leave yourself unrepresented at any point in your case, as there may be important deadlines that may be missed. Start searching for a new attorney and make a prudent selection before firing your current counsel.

Your new attorney can also assist you in terminating your current lawyer, which is best done in writing and via mail so you can have proof of the date & particulars of termination. For a smooth transition, make sure you don’t direct your anger or frustration towards your current attorney.

Communicate With Your Current Attorney

Discuss your concerns with your current attorney and give them a chance to pay heed to your needs. Your relationship can still be salvaged.

Secure Legal Representation Before Firing

It’s vital you hire a new attorney before dismissing your current counsel. Any gap in legal representation may end up disrupting your case.

Notify in Writing

Notify your current attorney of the termination in writing, including the date when it goes into effect, requesting transfer of case files, and where to send them.

Inform the Court

If your case is active in court, you may have to inform the judge and opposing party of your change of attorney.

Bottom Line!

Ultimately, the decision to fire your attorney should not be taken lightly. Assess if they're fulfilling your requirements & serving you well.

At Jos Family Law, our experienced Orange County family law attorneys are to guide you every step of the way. If you’re considering a change of attorney, reach out to our law firm for a no-obligation consultation. We’ll understand your situation and help you make an informed decision whether firing your attorney at this point will be detrimental to your case or not. Schedule a consultation and take the first step towards a stress-free resolution.

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Jos Family Law