Can I Change My Attorney After Divorce Proceedings Already Started?

 Posted on September 13, 2019 in Family Law

It is not uncommon to hire an attorney and, after divorce proceedings have begun, realize that they are not a good fit for your needs. Whether they do not seem to be qualified for the job, have a conflict of interest, are not spending enough time on your case, or you simply do not get along with him or her, you can terminate your agreement with your attorney even after divorce proceedings already began.

Reasons to Get a New Divorce Attorney

From ex-clients stalking lawyers who they felt were at fault for not winning their custody case, to husbands tracking down and shooting their wives’ divorce attorneys to get even, being a divorce lawyer comes with serious risks. While threats and violence are never okay, it is understandable if you are frustrated with your current lawyer. Good reasons to leave them include the following:

• Misses deadlines
• Does not seem to have enough time for your case
• Poor communication by lack of calls and emails
• Breaks promises
• Belittles you
• Misses court appearances
• Does not listen to you
• Does not keep you up to date on your case

Retain a Different Attorney

The first step in getting rid of your current divorce lawyer is to find a new one. When you sign a contract with your new lawyer, ensure that he or she knows that you have an existing attorney that you plan to part ways with. This can be accomplished with a letter of termination submitted in person or in the mail. Even if you tell your attorney face to face or over the phone, you need to submit this termination letter in addition. Ensure that you are completely caught up in payments.

Request Your File to be Sent to Your New Lawyer

In addition to sending over your case materials to your new attorney, request that your old attorney send over your client files, which must include documents that were already filed in court, discovery documents, and documents that you supplied. The final step is for your new attorney to file an Entry of Appearance to the other party’s lawyer, the court, and/or the mediator, notifying relevant parties that he or she will be your new attorney.

A Hinsdale Divorce Attorney Can Help You Today

The majority of divorce attorneys in Illinois have the experience and qualifications to handle a divorce. After all, only 11 percent of all lawyers in Illinois have been practicing for fewer than five years. But that does not mean they are the right lawyer for you. For professional legal help tailored to your needs, call the dedicated DuPage County divorce attorneys at the Law Office of Martoccio & Martoccio today at 630-920-8855 to schedule a free consultation.

Sources:

https://www.iardc.org/AnnualReport2018Highlights.pdf

https://www.nbcnews.com/news/us-news/dangers-divorce-law-attorneys-pack-pistols-install-panic-buttons-n881451