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But let's assume that you hear the testiness in your lawyer's voice, or you think he or she is tired of your case. What do you do? |
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The best thing to do is to raise your concern. You sound upset. Does it have to do with my case? is one good opener. Have I done something to annoy you? is another. |
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If you have, your attorney will appreciate the opportunity to let you know. Maybe your payment check bounced; perhaps you've been yelling at the secretary or keeping the attorney herself on the phone too long. Perhaps you told your spouse something your lawyer had said to keep under wraps. Let's say that you have annoyed your lawyer. You call too often; you come by without an appointment; you were supposed to get documents to her, and you never did. |
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Apologize and make sure that the problem has not become so big that your lawyer feels she can no longer enthusiastically represent your case. |
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One woman we know is in the fourth year of her divorce caseand on her third lawyer. Is she an exception? Not necessarily. Firing a lawyer is more common than you might think. Why does this happen? When is it warranted? And how do you pull it off? |
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Sometimes lawyers are let go due to a straightforward personality clash. Characteristics you were willing to overlook when you hired your lawyer (a brash, aggressive personality, or perhaps a cloying patronage) now bother you so much that you can't talk to him anymore. |
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Sometimes it's the sense that your lawyer has mishandled your case. You've gotten a second opinion and learned about strategies that could have saved you time and money. When you ask your lawyer about them, she just shrugs. Sometimes it's just a feeling that your case needs new ideas. Your attorney seems tired of the whole thing and no longer has the enthusiasm he had when you first hired him. |
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You may also feel that your lawyer is giving in too easily to the other side, or that trust has been breached. You tell your lawyer something you do not want repeated to your spouse's lawyer, and your attorney goes right ahead and does just that. |
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How do you fire your lawyer? The easiest way is to hire the replacement lawyer before you tell your present lawyer that you're making a change. Then your new lawyer makes the call to your current lawyer, arranges to get your file, and you don't have to worry about the awkward moment of telling your lawyer it's over. |
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If you feel some personal statement or closure is in order, of course, you may send your attorney a short personal note. Depending on why you're breaking up, you can simply |
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