It is important that anyone who works with an attorney during a divorce can trust that attorney. There are situations in which your attorney may not have your best interests at heart, and in those cases, it’s usually advised to work with someone new.
If you are working with an attorney and are not happy with the time it takes for them to respond to you or the way they’re approaching your case, then it’s possible to change your attorney. However, before you do that, there are a few other things you can do.
1. Talk about your complaints with your attorney
There are times when you may have complaints about how your attorney is performing tasks. For example, if you leave a message but get no response for four or five days, that can be extremely frustrating. The same is true if you think your attorney is pushing for their own objectives over your own wants or needs.
You can talk to your attorney about your concerns. Your attorney should be willing to hear you out and explain their actions or talk about how they can alter their approach. If they will not talk to you about your complaints, then you may wish to take your complaints to another attorney.
2. Write a letter, email or call with a formal complaint
In most cases, you’ll want to have a written document stating your formal complaint. It might be that your attorney isn’t responding or that you believe they’re charging too much based on the fee schedule and your understanding of the case thus far.
Having a written document is important, since it’s this document that you could use if you later have to file a claim over legal malpractice.
If you’re unhappy with your attorney during your divorce case, don’t think you’re stuck working with them. However, keep in mind that the attorney can charge you for the time they’ve spent on the case. These fees have to be reasonable, but they can be hefty in some cases.
It’s usually better to try to work things out first, but if you don’t see a resolution for the problems you have with your attorney, then you can seek to work with another attorney’s office. The new attorney can also advise you about whether a legal malpractice case might be a good idea even when your divorce case is still pending.