Should You Fire Your Divorce Attorney? – Divorce Lawyer in Westbury
Divorce can be difficult, and divorce lawyers are designed to help minimize this difficulty. If you think your lawyer may not be doing this to the best of his or her ability, you may have another decision to make: should you fire your divorce attorney?
The answer is simple. If your divorce attorney is representing as well as possible, you should not fire them. If you think they are not, there are many factors to consider when assessing an attorney’s performance.
What to look for in a divorce attorney:
Your attorney’s goal should be to represent you as best as they possibly can. This often means taking an objective approach, which involves doing what is best for your case, even if it is not exactly what you want to hear. They are not trained to provide counseling for nonlegal matters or emotional support, even if it is related to the divorce. It is important to be aware the true intentions of the attorney’s role in the process when debating the question: “Should you fire your divorce attorney?”
Reasons to Fire:
If your marriage did not consist of many entanglements, such as children and shared finances and assets, you may want to consider firing your divorce attorney and looking into a mediator to help you determine the terms of your divorce. If the negotiations are complicated or if neither side is willing to compromise in a collaborative divorce, you will need to keep your divorce attorney or hire a new one.
Lost in Translation:
If you often find that you do not understand what your attorney is explaining to you, cannot reach them because they are away from their phone and email, or they are unavailable to meet with you, they are failing to communicate with you effectively. This can create a strain on the dynamic between you and the attorney, which is essential for progress in litigation.
If Costs Outweigh Benefits
If the price of the attorney is very costly and not worth the services you have observed provided by the attorney, it may be time to let them go. If there is very little evidence of progress over extended periods of time, it may be beneficial to seek alternative attorneys.
If you and your attorney disagree on an aspect that is fundamental to your case, it may be difficult to avoid that issue. Working with someone who understands your perspective and at the core, agrees with the main argument of your case.
Reasons Not to Fire
Despite these reasons, which point to ‘yes’ as the answer to your question: ‘Should You Fire Your Divorce Attorney?’, there may still be circumstances in which you decide not to do so.
Often times this includes money, as changing lawyers often involves changing rates and paying an additional retainer.
Changing attorneys could also cost an excessive amount of time, as it would require that you familiarize the new attorney with your case.
Reputation can be a factor as well, as jumping from lawyer to lawyer can indicate to other lawyers that you are the problem rather than the lawyer. Many attorneys will not want to waste their time on a case that seems likely problematic.
If you wish to fire your divorce attorney and have questions about the process of finding a new one, Simonetti & Associates has many attorneys available and offers a free consultation to help people find the right answer to this question.