Is It Too Late to Switch Divorce Attorneys?

Many clients do not realize that they can switch divorce attorneys should they choose to do so, during the course of their divorce litigation. They remain with attorneys whom they are dissatisfied with because they do not understand the process for switching attorneys, or because they don’t realize that it is permitted.  While there are certain reasons you may not want to switch counsel in the middle of your case, it is something that is possible and should be explored in the event that you are dissatisfied with the services of your divorce lawyer.

Red Flags and Reasons to Consider a Switch Your Divorce Attorney

So, when should you consider switching divorce attorneys? The reason to do so is going to be different for different people. You cannot switch divorce attorneys every time the judge doesn’t make a ruling in your favor because it ends up being very expensive and it is probable that the attorney may not be at fault for the result.  In our experience as Chicago divorce lawyers, there are 5 reasons appropriate to consider switching.

1. You Can No Longer Afford Their Services

If you can no longer afford your attorney’s services it is best to disengage representation, and the sooner, the better.  Being open and honest about your financial situation can help ensure it is a clean break.  In some instances, the attorney might be able to transfer your case to someone else int heir office at a lower rate so that you don’t have to start over with a new firm.  However, incurring a lot of fees and then stiffing the attorney on the invoice is not likely to play out well. It is best to be honest about what you can afford so the attorney can try to work with you.

2. They Do Not Return Your Phone Calls or Emails in a Timely Manner, or At All

If your attorney never responds to you it makes it difficult for them to advise you.  Keeping communication open with clients is very important.  A good attorney will respond, even if it is just to let you know they are backed up and will be in touch with you soon.  The process of family court is anxiety-inducing on its own, your attorney should not be adding to this.  They should be in touch with you in a reasonable time frame.

3. They Do Not Update You on What Happens in Court

This is huge. If your attorney is letting you go overnight, or through a weekend without telling you what happened in Court on a date of a hearing or something similar, that is a red flag.  You are entitled to know what happened in Court and you shouldn’t be kept waiting.  If this happens once, you may want to have a conversation with the attorney regarding your expectation to be updated, but most attorneys will do this automatically without being told.

4. They Consistently Blow Deadlines

This is another big problem.  All attorneys can miss a deadline or mis-docket a court appearance.  This has become more commonplace during the COVID-19 pandemic as it has been harder to get orders back from the clerk’s office in some cases and deadlines sometimes pass before the orders are even signed.  So, attorneys and Judges have been a bit more flexible about this while everything is virtual.  However, if this happens often, it can cost a client money.  If discovery is late without explanation or without an agreement to extend the deadline, sanctions can be imposed against the client, even if the client turned everything over to their attorney in a timely manner.  A mistake is one thing, but chronic failure to make filing deadlines is a major red flag.

5. They are Condescending or Do Not Consider Your Feelings and Opinions

Your attorney is supposed to listen to you as the client and take into consideration your opinions and feelings. They cannot do things that could be viewed as unethical, but if there is a difference of opinion as to two different ways to handle a situation and neither would be problematic, the attorney should seriously consider what the client has to say.  There are some situations where clients will want attorneys to act in ways that are not in the client’s best interests and in those situations the clients should listen to their attorneys.  However, if your attorney is condescending and isn’t having open communication with your regarding your concerns, it may be time to move on.

For What Reasons Should I Not Switch Attorneys?

The biggest reason not to switch divorce attorneys is cost.  Any new attorney who picks up your case file will have to review what has happened so far and become knowledgeable of your divorce case.  That is going to be a bit costly.  They have to get the documents, which sometimes can also be a struggle, and get up to speed, and the client pays for this time.  So, if cost is a big concern and the case is close to finished it may not be worth the cost to change attorneys.

There are also some scenarios where a Chicago family court may not permit a divorce attorney to withdraw, such as when the case is set for trial.  However, generally speaking, if you have already picked out and retained a new attorney who will replace your current attorney, without having to move the trial dates around, the Court will likely grant a request for a new divorce attorney to replace your current one.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/is-it-too-late-to-switch-divorce-attorneys/

 

Comments

Post a Comment

Popular posts from this blog

When Divorced Parents Disagree About the COVID-19 Vaccine 

Image
  There is a lot of disagreement about vaccinations for children and the argument between parents with differing views on this subject is not a new one.  Illinois family law attorneys representing parents in this type of disagreement have worked throughout the years to avoid the problem in its entirety by addressing the issue of vaccination in the parenting agreement, now called an Allocation Judgment.  A prior agreement on how to handle vaccinations will give clarity as parents deal with the COVID-19 vaccine.   COVID-19 Vaccine Questions from Divorced Parents There are a number of questions and co-parenting issues surrounding the COVID-19 vaccine. Here are five of the most frequently asked questions we are seeing in our Chicago family law practice: 1. What If the Other Parent Will Not Get the COVID-19 Vaccine? We just saw a judge in Cook County strip a mother of her parenting time because she had not received the COVID-19 vaccine.  The parents were before the court on a child support
Read more

Contempt For Not Following A Parenting Plan

Image
  Is Your Ex Not Allowing Parenting Time with Your Child? If your ex is not allowing parenting time your child, can you hold them in contempt ? The short answer is yes.  Everything in the field of family law often draws a response from the lawyer which sounds like “ it depends. ”  The reason for the “it depends” relates to the parenting order itself and whether clarity exists.  One cannot be held in contempt if there is not a clear order lacking ambiguity. There was a time in court that we would enter orders that would allow the parents to set the schedule themselves.  Something like “Mary and Jack shall facilitate parenting time in the best needs of the child.”  Well, what exactly did that mean?  And if Mary thinks it is in the best interests of the child to see Jack once a week (or less) and Jack thinks he should see his daughter every day, then clearly, we have a problem.  Every one of these cases came back into court to have the judge decide what was in the child’s best interest re
Read more

Illinois Law Update – Can a Guardian Ad Litem Speak to a Therapist in My Case?

Image
The Illinois Marriage and Dissolution of Marriage Act in recent years gave the courts in Illinois the authority to order therapy for a minor child, family counseling for one or more of the parties and the child, or parental education for one or more of the parties if it finds that the parents or all parties agree, that the child’s physical health is endangered or that the child’s emotional development is impaired, or that an abuse of allocated parenting time has occurred, or, one or both of the parties violated the judgment with regard to conduct affecting or in the presence of the minor child.  {See 750 ILCS 5/607.6 regarding same}.  However, the same statute previously explicitly indicated that all therapy would be confidential. As of August 13, 2021, Illinois enacted Public Act 102-349, and the statute is now modified.  It no longer has a provision stating that therapy would be strictly confidential.  This kept all information obtained by a Guardian Ad Litem from a therapist out o
Read more