Divorce comes with a multitude of stressors, but working with an attorney you trust and are comfortable with can help to alleviate the angst. Sometimes, though, for one reason or another, the attorney-client relationship may no longer work. If this is your situation, you may be wondering how to switch attorneys in the middle of a divorce.
Some common circumstances for changing attorneys include differing personalities between the lawyer and client; differing case strategies; an attorney’s conflict of interest; change of location where the case is being heard; non-responsiveness by the lawyer; and financial reasons. (There could also be circumstances where your current lawyer may not want to represent you anymore and you need to hire someone else.)
Making the Switch to a New Attorney
Your divorce attorney is the person you depend on to get you the best possible outcome for your situation, which is why you should not feel bad about switching if the circumstances call for it. Changing attorneys in the middle of divorce is not uncommon and can generally be accomplished. So how do you make the switch in the smoothest way possible? First, do your homework in finding a new divorce attorney, and then let the lawyer who has been representing you know that you are going to work with a new lawyer.
Finding a New Divorce Attorney in New Jersey
When searching for a new attorney, look for firms that are focused only in divorce and family law. Also, look for lawyers who have the particular experience needed to help you get the best outcome for your situation. For example, if maintaining your considerable wealth is a top priority, search for lawyers who have backgrounds handling high-net-worth divorces.
Once you have checked out the qualifications of attorneys and found a few you are considering, set up consultations with them. In the consultations ask questions about how they approach cases, how they communicate with clients, what they charge, and anything else that can help you in making your decision. Be sure to let the lawyer you choose know that you are switching attorneys in the middle of your divorce.
Terminating Relationship with Initial Attorney
Once you have decided on a new lawyer, give written notice to your former lawyer that you are terminating the relationship. Provide your former lawyer with contact information for the new lawyer so that they can communicate directly and coordinate transferring your case file between them. You want the transferring of your file to be as seamless and comfortable for you as possible in all respects. Also, ask your former lawyer for a final bill so that you are clear about what you have already been charged and what you still owe.
Letting the Court Know You Have a New Attorney
Your new attorney will file a substitution of attorney with the New Jersey Court. Both your old and new attorneys will sign it. The filing informs the court and your spouse and their attorney that you have a new lawyer representing your divorce case.
There are sometimes circumstances where you will need permission from the court to switch to a new attorney, rather than just informing the court of the change. This can be dependent upon how far along a divorce case is in the proceedings. However, judges will typically allow attorney changes unless there is a good reason not to, such as the person has changed attorneys several times and is delaying proceedings.
Considerations When Switching Attorneys
Even if you are unhappy with your current lawyer, there are a few things to think about when switching attorneys. Going with a new attorney can result in added expense, depending on the complexities of your case and where you are in the process. Your lawyer will need time to review your file and come up to speed on your case so that they have a clear understanding of the issues and can properly represent you. There may also be time delays if court appearances need to be rescheduled due to having a new lawyer.
Only you can decide if the benefit of having a new lawyer will outweigh financial and timing considerations. But if you are truly unhappy and feel that your current attorney is not doing the job that you need them to do and that you (or your children, in custody matters) could suffer for it in the long run, then it is most likely time to move along.
Getting a Second Legal Opinion
You may be happy with the guidance of your attorney but want another opinion on an issue. Like you would be with a medical concern and doctors, you are certainly entitled to consult with another attorney or attorneys for second or even a third opinion despite already being represented. Your main attorney should not have a problem with your doing so.
Contact an Experienced New Jersey Divorce Lawyer for Help
As divorce attorneys with decades of experience practicing family law in New Jersey, we know that changing lawyers during this sensitive period may feel daunting. But you want to be sure that you have a legal representative who best suits your personality and needs, one you trust to help you get the most beneficial outcome on the issues. Decisions made now can affect you for the rest of your life.
If you are considering making a change (or want another opinion on something) and want to learn if we might be the right fit for you, contact [MFR] Men’s & Fathers’ Rights Divorce Lawyers to schedule a consultation by calling (201) 880-9770. Our law firm focuses exclusively in divorce and family law cases, and our respected founder Carrie Schultz is certified as a Matrimonial Law Attorney by the Supreme Court of New Jersey.
Also, keep in mind that following divorce if you have had a significant change in circumstances down the road and wish to modify the provisions of your court order, you do not have to work with the same attorney who handled your divorce. You can choose a different lawyer to handle modifications if you feel it could be more beneficial for your situation. Our lawyers handle post-divorce modifications and enforcements.
