Can I Change Divorce Attorneys If I Don’t Like the Attorney I Hired?

Jul 19, 2022 | Divorce

Sometimes a client doesn’t get along with their divorce attorney. Maybe the attorney isn’t returning phone calls or emails, or maybe the lawyer isn’t getting the desired results. Whatever the reason, you can change lawyers in the middle of a divorce in Texas.


Changing lawyers during the middle of a divorce case might be the right decision. However, it might not be. Before you choose to replace your divorce attorney, it is important to determine where the attorney-client relationship went wrong and whether the timing is right to switch attorneys.

What is Wrong with My Divorce Lawyer?

Before you do something impulsive, it’s best to identify the problems you’re having with your divorce lawyer. Why are you discouraged? Is your case taking too long? Are you not getting the results you want? Perhaps the problem is communication, and you are unsure whether or not you are obtaining the results you expect. Or, perhaps you believe your attorney is overcharging you, or failing to deliver results. Whatever the issue, it’s best to identify the problem before determining whether or not a different attorney might solve that problem.

Are Your Expectations Practical?

After recognizing the problem, you must now discover its source. Is it you or your divorce lawyer? The entire divorce system does not function the way most individuals believe it does. You cannot just walk into a courtroom and casually reveal to the judge your story. Unlike televised divorce court, people seldom can talk to the judge, and uncontested divorce cases often never appear in court. A typical case can take months or even years to proceed through the system. Attorneys may appear in court repeatedly for the same case, with numerous pretrial conferences and hearings.


Therefore, start by evaluating your own expectations to determine if your divorce attorney is a problem. Is it reasonable for you to believe that your case would be finished already? Are your settlement demands in line with what Texas law requires? If you have impractical expectations, then switching divorce lawyers is not the solution. It will just cost you more money, take more time, and leave you discouraged.


What if the Problem is Your Divorce Lawyer?

If your expectations are not the problem, you must now consider your lawyer. Switching lawyers during your divorce is sensible if your lawyer is doing any of the following:


  • Losing confidence in your lawyer or their team.
  • Failing to return your phone calls, texts or emails.
  • Showing up late for court or meetings.
  • Keeping you in the dark about what’s going on in your case.
  • Not doing what he or she tells you that he or she will do.
  • Communicating with you in a manner that offends or upsets you.
  • Failing to provide a monthly bill that details the work the attorney is doing for you.


The Consequences of Switching Lawyers During Your Divorce

If you choose to fire your divorce lawyer, you must alert the court, as the judge must authorize this request. Nearly all judges will gladly do this in most instances. 


Before permitting you to release your divorce attorney, however, the judge will want to know that you are changing lawyers for a good reason, and not only to delay court proceedings. Depending on the amount of time you have before your case is heard in divorce court, it may be difficult to find a divorce attorney to pick up your case on short notice. Therefore, it is best to have already been in contact with a different divorce attorney before you decide to release your current attorney. This way, you know that your divorce case will stay on track.


How Thompson Law Can Help

Switching divorce attorneys can affect the outcome of your divorce and should not be taken lightly. Unfortunately, there is no easy answer. If you feel your current divorce attorney is not going to obtain the goals you want in your divorce proceedings, it is best to seek out an attorney who can. In divorce cases, it is often your family and your life’s savings on the line.


Thompson Law can offer a second opinion and review your case with you. If we feel it is in your best interest to switch, we will let you know. We take a fair, firm, and reasonable approach whenever possible, but we’re always ready to take an aggressive approach whenever necessary to protect your future, both financially and emotionally. We understand the hardships and difficulties a client faces when their marriage comes to an end, and we provide attentive personal services to those taking the next step toward starting something new. If you are in need of a second opinion, give us a call today. Our firm will guide you through the entire process of obtaining a new attorney from start to finish.

Amicable when possible, aggressive if necessary.

Everyone’s situation is unique. Some people need a facilitator, some people need a negotiator, and some people need a tough trial lawyer to go to court. I let my clients know the different paths available to them based upon their situation, and work with them to design a unique strategy and tactics to meet their goals and objectives.

Related Posts

Property Division In Divorce Texas Law Guide

In Texas, property division in a divorce follows the principles of community property law. This means that any property acquired by either spouse during the marriage, with a few exceptions, is considered community property and subject to division upon divorce. Property owned by a spouse prior to the marriage or acquired during the marriage by gift or inheritance is considered separate property and is not subject to division upon divorce, for example.

How Much Is A Divorce In Texas?

The cost of a divorce in Texas can vary widely depending on several factors. It’s essential to understand that divorce costs are not fixed and can be influenced by various elements, such as the complexity of the case, whether it is contested or uncontested, attorney fees, court costs, and any additional expenses related to the divorce process.

How To Get A Quick Divorce

The timeline of any Texas divorce inevitably varies depending on individual circumstances. I often tell clients that their spouse’s conduct will determine how long their case will take, and vice versa. While that’s overly simplistic, there are certain factors that commonly cause a divorce to take more or less time.