You are not locked into your current attorney simply because you signed a retainer agreement. Clients have the right to change lawyers at any time. However, there are a few exceptions where there could be issues, such as when a case is close to trial.
Reasons Clients Consider Switching Attorneys
There are several reasons why people consider changing attorneys during their divorce. Some of the most common complaints involve strategy conflicts, communication issues, cost concerns, and lack of experience. Here are a few of the primary reasons people switch:
- Strategy Conflicts – Some clients want an aggressive approach, while others prefer settlement. If an attorney’s strategy does not align with the client’s goals, switching may be necessary.
- Communication Issues – Poor communication, lack of updates, and unresponsiveness can leave a client feeling uninformed and frustrated.
- Cost Concerns – High fees without clear value can prompt clients to seek an attorney who offers better efficiency and cost transparency.
- Lack of Experience – Complex cases require specialized knowledge, and an attorney without the necessary expertise may not be the right fit.
- Personality Clashes – A lack of trust or poor rapport can make working together difficult, which may hinder case progress and outcomes.
These issues often arise through no fault of either the client or the attorney. In some cases, an attorney may begin representing a client believing they have the necessary experience, only to find that the case becomes more complex than anticipated, making a change in representation necessary.
Evaluating Your Needs: Finding the Right Match
Before making the decision to switch, it’s important to evaluate your needs and expectations for a new attorney. Consider whether you need a lawyer with a more aggressive or settlement-oriented approach (or a hybrid, which is most common). Determine what level of communication you expect and whether you need an attorney with specialized expertise, such as experience handling complex financial matters or interstate custody cases.
Budget is another important factor. Some attorneys charge more than others, but in many cases, a more experienced attorney can be more efficient, saving time and money in the long run. Consider the value an attorney brings to your case rather than just the hourly rate.
Legal and Procedural Constraints
While clients generally have the right to change attorneys, the timing of the switch can impact whether it is feasible. If a case is close to trial, the court may require that the trial date remain unchanged, making it difficult for a new attorney to get up to speed in time. Courts impose these restrictions to prevent delays or any unfair advantage that could arise from a last-minute change in representation. Judges typically consider whether switching attorneys would disrupt proceedings or place the opposing party at a disadvantage.
Attorneys are also bound by ethical obligations under the Rules of Professional Conduct. In some situations, a lawyer may be required to continue representing a client unless the court grants permission to withdraw. If an attorney’s withdrawal would significantly prejudice the client’s case, the court may require them to remain on until a suitable replacement is found.
However, a client is always entitled to represent themselves and they can terminate their lawyer and proceed without a lawyer.
How to Make a Smooth Transition
Once you decide to change attorneys, the first step is to notify your current lawyer. This can be done in writing or through your new attorney. If you are terminating representation, request a copy of your complete case file, including court filings, correspondence, and any relevant documents.
Your new attorney will prepare a Substitution of Counsel form, which must be signed by both attorneys and filed with the court. This document formally notifies the judge and opposing party of the change in representation.
It’s important to confirm any upcoming court dates and filing deadlines with your new attorney to avoid disruptions. A well-prepared transition can ensure that your case continues smoothly without unnecessary delays or additional costs.
Frequently Asked Questions
- Can I switch attorneys if my divorce trial is scheduled next month? Yes, but the court may not change your trial date and the new attorney may not take the case unless the date is continued.
- Will I lose money I’ve already paid in a retainer? It depends on your retainer agreement. Many attorneys bill against retainers as work is completed, so any unused portion may be refundable.
- What if my spouse is pressuring me to switch attorneys? Be cautious. In some cases, an opposing party may encourage a lawyer switch as a tactic to weaken your case. If you have concerns, consult a second attorney before making a decision.
- Is there a limit to how many times I can switch attorneys? There is no strict limit, but switching attorneys frequently can make it harder to find a new lawyer willing to take your case. Courts may also view multiple attorney changes negatively.
Conclusion
Deciding to switch attorneys is a significant decision, but it can be necessary if you feel unsupported or misrepresented. Before making a change, assess your concerns and determine whether communication improvements or adjustments in strategy could resolve the issue.
If you do decide to change attorneys, plan the transition carefully to ensure your case remains on track. Having the right legal representation can make a significant difference in both the process and outcome of your divorce.
Your attorney should be someone you trust, who understands your goals, and who works in your best interests. If your current lawyer is not meeting that standard, you have the right to seek new counsel.
Christopher Griffiths is a Shareholder and Chief Financial Officer at Griffiths Law—a law firm specializing in family law and civil litigation.