Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience?
There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there are many potential drawbacks to switching lawyers, besides the added expenses and inconvenience. Still, if the lawyer is causing needless to the client’s case, that client is almost always better off replacing the bad lawyer with a good one.
What are good reasons for replacing a bad lawyer with a good one?
- Incompetence and/or negligence: your lawyer is missing deadlines, failing to file required documents, making critical errors. Your lawyer is simply not doing a good job and does not appear capable of doing a good job.
- Dishonest and unethical conduct: your lawyer lies, violates rules, ignores or exploits conflicts of interest, takes risks that depend upon not “getting caught” to succeed, and/or engages in dishonest billing practices. Remember: a lawyer who will lie for you will lie to you.
- Poor communication: your lawyer consistently fails to take or return calls, does not respond timely to your emails or text messages (if at all), does not clearly and understandably explain the legal process, the challenges you face, and what your options are.
- Acting unilaterally: without your advance knowledge and consent your lawyer files documents that contain claims, statements of fact, and arguments that are either inaccurate or that you did not authorize your lawyer to disclose.
- Disagreements over goals and strategy: you and your lawyer have fundamental differences in approach that can’t be resolved; your lawyer won’t do what you want done.*
* Bear in mind that if your lawyer “won’t do what you want done” because what you want is illegal, immoral, unethical, or your lawyer simply believes that it’s not in your best interest, it may be you who needs to change, not your lawyer.
- Change in case complexity: your initially simple divorce has evolved to require different expertise.
- Clash of styles and personalities: even if your lawyer is smart, skilled, honest, and diligent, sometimes the difference between how you want to proceed and how your lawyer wants to proceed are so great and so irreconcilable that you and your lawyer cannot work together effectively.
What are bad reasons for replacing your lawyer?
- Unrealistic expectations/Dissatisfaction with lawyer’s honest advice: replacing your lawyer because they’re giving frank, realistic (rather than sugar-coated, preferred) news and advice. A lawyer’s duty is to provide honest, professional advice—even if it’s not what you want to hear. If your lawyer gives you advice you don’t like, but it is in your best interest, this should not be grounds for a change. Ignoring good advice and changing lawyers to find one who agrees with you can lead to poor decision-making and potentially worse outcomes.
- Cost concerns alone: switching solely to save money often results in higher total costs as the new lawyer a) must get up to speed; and b) may be less competent if he/she is charging you less.
- Emotional decisions/overreacting to bad news: changing lawyers because you’re upset about a temporary setback or unfavorable court ruling. Every case is bound to encounter occasional delays or setbacks. Deciding to change lawyers based on circumstances beyond the lawyer’s control is not justified and may cause unnecessary disruption and delay, causing your legal costs to increase. Acting impulsively because of anger or frustration is not a sound reason for changing lawyers.
- Desire to avoid accountability: if your lawyer is holding you accountable for issues in your case (e.g., not meeting deadlines, failing to provide requested information, trying to get away with lying (whether by omission or commission), some clients might be tempted to switch lawyers rather than correct their own bad behavior. Avoiding accountability doesn’t solve underlying issues and can cost you dearly.
- Outsiders’ opinions: switching lawyers because friends, family, or even social media opinions tell you to do so can be a mistake if the change is not based on the actual circumstances of your particular case or the performance or capability of your lawyer. Outsiders may have some fresh, useful perspectives, but they don’t know the specifics of your case, and with due respect, they aren’t lawyers (and even if they are lawyers, they don’t have all the relevant facts). Acting on outside opinions without you first honestly evaluating your lawyer’s actual work can cause unnecessary changes, confusion, failures, and costs.
- Underestimating the consequences of switching lawyers: changing lawyers during an ongoing case usually causes delays, additional costs, and potential confusion. You will need to re-explain everything about your case to the new lawyer and spend a lot of your own time and effort bringing the new lawyer up to speed about your case.
Weigh the potential disruption and added costs of switching lawyers against the benefits. Before deciding to change your divorce lawyer, it’s crucial to carefully evaluate the reasons behind the decision. If your lawyer’s actions are hindering your case or failing to meet your reasonable expectations, a change might be warranted, perhaps even necessary. However, if you contemplate a change of lawyer based upon temporary frustrations, emotional responses, or external influences, it would be wise to reconsider.
Utah Family Law, LC | divorceutah.com | 801-466-9277