Submitted by Anonymous on Sat, 07/25/2009 - 19:11
I'm in the middle of a divorce and I'm sick of my lawyer. She does not return calls and I have no idea what's going on with the case. I know it sounds crazy but I was wondering if it I can I fire her?
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Editor's Response
You certainly can, but I would caution you to think about the down-side before you jump. Changing lawyers may actually cause additional delays during the transition, while your attorney gets up to speed on the case. Remember, the attorney you hire will not be aware of all that has gone on before, including what types of negotiations have taken place. So that process of getting up to speed may cost you additional attorney's fees while the new attorney reads the files, reviews discover, and speaks to the opposing attorney.
Having said that, I understand how frustrating it can be to have an attorney who does not return calls. If you move forward with a new attorney, check your fee arrangement to see if you are entitled to a return of any part of your retainer (if applicable). After you hire a new attorney and notify your old attorney, she is required to transfer the file (documents, letter, etc.) to the new attorney. Good luck.