One of the most important decisions you make when going through a divorce or family law matter is your choice in attorneys. You want someone who can secure a good result, advocate zealously on your behalf, listen to your concerns, and work with you to address them. You also want someone who approaches your case with care and compassion for you, your children, and your family. Finally, you want a knowledgeable and professional attorney who will also not overcharge you or perform unnecessary work. Striking the right balance with these concerns is crucial when selecting the right attorney and firm for your case.
Table of Contents
- Option #1 – Communicate With Your Attorney
- Option #2 – Consider Hiring Alternate Counsel
- Suspecting Unethical or Unprofessional Behavior?
- A. Duty of Competence
- B. Following Instructions
- C. Diligence
- D. Communication
- Confidentiality & Privilege
- Summary: What to Do If You’re Unhappy With Your Divorce Attorney
Review our checklist for choosing the right attorney
Given these concerns, the relationship between an attorney and a client in a dissolution of marriage or family law case can be challenging. When you have a concern or are otherwise unhappy with your attorney due to their actions, lack of action, or the legal bills. you as the client have many options for proving forward.
Option #1 – Communicate With Your Attorney
The first step should be an open conversation with your attorney about the difficulties or challenges you are experiencing with respect to your representation. This can be a phone call, email, or a Zoom conference. Your goal is to raise your issues and to ensure your counsel has an opportunity to address them. If your questions or concerns are about the attorney’s fees, or work performed and associated bills, discussing them with your attorney will likely provide clarity. If your attorney does not answer those concerns or speak frankly with you about the necessity of performing the work, or flatly refuses to discuss it at all with you, it is time to consider Option #2.
Option #2 – Consider Hiring Alternate Counsel
If your attorney cannot or will not allay your concerns, consider hiring a different attorney for your case. This can feel like a high-stakes decision, because hiring another attorney runs the risk that you would incur additional legal expense. That said, it’s crucial to have an advocate who works effectively with you as a team. Trust, communication, and diligence are essential for a good outcome for your case, and the right attorney is vital. When consulting with a new attorney or firm on your case, ask them questions about how they would approach your case differently or how the communication would be distinct from your original firm. Wait for an answer that addresses your concerns.
Suspecting Unethical or Unprofessional Behavior?
If you suspect that your attorney has acted unethically or unprofessionally during or as a part of your case, you can consider reporting the conduct to the bar governing their licenses to practice law. To be clear, unethical conduct or unprofessional conduct is not the same as not reaching a desired outcome on a case. It involves more specifically a failure of the duty of the lawyer to honor their obligations in a way that prejudices you or results in an adverse outcome in your case. Your attorney has certain duties to you as your counsel, some of which are essential to an effective attorney-client representation:
A. Duty of Competence
A lawyer representing you has a duty to provide recommendations, advice, and counsel on an issue arising in your case. This duty isn’t a duty to know everything – it’s a duty to thoroughly investigate an issue on existing laws and cases interpreting those laws, and to adequately advise you and the Court on how those laws affect an issue in the case.
B. Following Instructions
Your attorney should work as your teammate in your case. They should discuss your legal options for addressing an issue, and empower you to make the decisions about how your case is approached. If you have all the information from your lawyer, and decide about an issue, your attorney should follow your lead on that.
C. Diligence
Your attorney should, from the day they get into the case until the day the case resolves or they are discharged as your attorney, act carefully and diligently and timely in your advocacy. If they delay, or dawdle, or otherwise drop the ball on an issue and that delay or lack of diligence has an adverse effect on you, you may be able to pursue a claim against them for those adverse effects.
D. Communication
Your attorney needs to and should communicate with you. If they are unable to or refusing to do so, that is a good basis for hiring another attorney to represent you.
Confidentiality & Privilege
Your attorney is required to keep your communications with them confidential, and to keep your private, privileged information private and privileged.
Summary: What to Do If You’re Unhappy With Your Divorce Attorney
If you’re dissatisfied with your attorney during a divorce, start by communicating your concerns directly with them. If issues persist, consider hiring a different attorney who better meets your needs. Understand your attorney’s duties, such as competence, following instructions, diligence, communication, and confidentiality. If you suspect unethical or unprofessional behavior, you can report them to the bar association. Taking these steps can help you ensure you have the right legal representation during your divorce.
Get in touch with our divorce and family law team if we can of service in your case.
