When you are going through a divorce, your primary ally and advocate should be your Denver family law attorney. But in some cases, the relationship between you and your lawyer may have gotten off on the wrong track.
Or maybe you lost faith that your attorney was working for your best interests. You may believe that they lack the fire to go toe-to-toe with your ex's pitbull of an attorney. Either way, you no longer have confidence in the way that your counsel of record is handling your divorce.
Can you fire your divorce attorney?
You are the client. Your attorney works for you. You always have the option of severing those ties and choosing another attorney to litigate your divorce.
But sometimes that is not the question that you should be asking.
Should you fire your divorce attorney?
Attorney/client relationships are sacrosanct. Both of you should have a lot invested in the relationship. You've certainly invested a lot of money in retaining your attorney. Also, don't discount the time that your attorney has been spent getting up to speed on the intricacies of your marital circumstances and your divorce.
If you fire your attorney, your new counsel of record will be starting over at Ground Zero. It's both expensive and time-consuming to change attorneys in the midst of a divorce.
But it might be necessary
Not all attorney/client relationships can or should be saved. There are times when it is simply more prudent to begin again with a different attorney.
The problem is discerning whether it's better to continue to fish or to cut bait. Below are some signs when cutting ties might be the better choice.
- They quit returning calls and emails. You are not the only client and attorneys do get busy. Still, there is no excuse for attorneys to go dark on clients in the middle of a divorce case. If you are getting the brush-off, it may be time to seek new counsel.
- They won't cooperate with your other divorce advisers. Couples with high net worths and many assets and resources to divide need more than a single family law attorney to help them navigate the process. They must involve their financial advisers, tax consultants, forensic accountants, and business and property valuators. All should work together seamlessly to advance your interests.
- Your attorney lacks negotiation or litigation skills. If your attorney comes away from every courtroom skirmish or backroom bargain with too many concessions and not enough victories, it's understandable that you decide you want a more aggressive litigator at the helm of your case.
Only you can determine whether changing divorce attorneys is in your best interest. Since this critical decision can change the trajectory of the case, it's important to weigh your options very carefully.