Steps to Take When Facing Divorce Lawyer Problems
How Divorce Lawyer Problems Can Impact Your Case Outcome
No one wants to be in a position to get divorced. Marriage is meant for life, right? Unfortunately, that is not always the case. So, for whatever the reason, you determine that your marriage has irretrievably broken down. You start the lawyer selection process. You listen to friends, interview several divorce lawyers, exercise due diligence and finally make your decision. You then formally hire your divorce lawyer.
Now, in the midst of your divorce action, you are becoming concerned that perhaps you did not hire the “right” divorce lawyer. What should you do next? Let”s first discuss some “problems” which you might be encountering causing you to consider firing your lawyer.
COMMUNICATION ISSUES?
Historically, some lawyers are just bad at returning phone calls and communicating well with their clients. It is certainly reasonable to expect good communications with your divorce lawyer! Some lawyers are overloaded with clients or don”t have adequate support staff to help answer client questions and updating them on the status of their case. Others, frankly just don”t feel that client communications are all that important. I have sat on our Bar Association”s Professional Ethics Committee for around 30 years.
You would be AMAZED how many ethical complaints against lawyers” stem from lousy attorney/client communications! All too common of a problem area (especially these days when folks are use to instant communications via text and email).
HAVE YOU LOST CONFIDENCE IN HIS/HER HANDLING OF YOUR CASE?
Analyze the various factors why you have lost confidence. Perhaps, it is because your lawyer is:
- Disorganized;
- Not Professional or unethical;
- Unprepared at Court;
- Not as experienced as you believed;
- Not following your direction;
- Not aggressive enough; and/or
- Lacks passion, commitment, empathy to provide zealous representation for you or your case.
Common Divorce Lawyer Problems and How to Address Them
These are ALL common problem areas that can break a lawyer/client relationship!
All of the above are very STRONG reasons to consider switching lawyers. Take the necessary time to organize your thoughts in writing. Terminating a lawyer midway through the case can have significant repercussions and depending upon the timing, it may affect you chances of success.
If there is any hope that the problem areas can be rectified, schedule an appointment to meet with him/her. Have a frank and candid conversation. If the relationship is not salvageable, you should review your written fee agreement regarding the termination provision and follow those steps. In any event, you will want to put the ultimate termination in a letter in writing.
GET A SECOND (MAYBE A THIRD) DIVORCE LAWYERS OPINION:
I also strongly suggest that before severing your relationship with your present lawyer that you schedule an appointment with another highly qualified divorce lawyer in your area to discuss your case, the areas of your dissatisfaction and listen to the advice. Tell that lawyer, that you are just wanting a second opinion and not shopping for a new lawyer.
I can”t tell you how many times over the years that I have been asked to review an unhappy client”s divorce case and discuss the perceived divorce lawyer problems. Being well versed with the local Judges and Courts, lawyers and their various styles and domestic relations law and issues has helped me offer worthwhile insights.
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I strongly believe that such a “second opinion” conference has been valuable to virtually every client I have met with to help him/her get an “insiders” view of their situation and share another “experts” perspective. Of course, such a “second opinion” conference is confidential and won”t be divulged to your existing lawyer.
Many times, after the “second opinion” conference, I learn that the two have “patched” up the relationship. It took being able to openly discuss their concerns and frustrations and brainstorm about the “pros and cons” of severing the existing lawyer/client relationship.
Call Us For A Second Opinion
If you have concerns about the handling of your present divorce case and would like to obtain a “second opinion”, please call us at 937 293-2141 to schedule an opinion. One of our divorce lawyers at Holzfaster, Cecil, McKnight & Mues would welcome an opportunity to objectively discuss your divorce case with you!
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© 2024, Ohio Family Law Blog. All rights reserved.
Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
