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As a general rule, yes, it is possible to change your divorce attorney. In fact, you have an almost absolute right to dismiss your current attorney for any reason or no reason at all. However, there is one major exception.
Many judges tend to frown upon substitutions initiated immediately prior to or during a hearing or trial. Because courts often tend to regard a last minute change of attorney as a delaying tactic, they may only allow the substitution under extenuating circumstances.
Also, even though you have the right to retain new counsel, you are still responsible for any financial obligations you may have to your old lawyer. Some states even allow the former attorney to place a lien on case files, forcing clients to pay their bills in full prior to turning files over to the new lawyer. There is an exception to this as well.
In cases where a client has a justifiable reason for firing the former lawyer, the court may intervene and order the files to be transferred to the new attorney regardless of liens.
If you are not receiving competent legal representation, you should not hesitate to exercise your right to change divorce attorneys. There’s nothing worse than sticking with an incompetent attorney who could eventually lose your case.
Considering changing divorce attorneys? Please contact us today for a FREE consultation with an experienced divorce lawyer near you.