Husband worries about friendship between lawyers
QMy wife and I have not been able to settle our differences, and it looks like our case is heading to trial next month. I have been concerned about the relationship between our respective lawyers for a while now. They used to practice in the same building and seem too friendly for my liking. I raised this once before with my lawyer, and she assured me that she often has cases against my wife’s lawyer and, while friendly, they don’t let that get in the way of representing their clients.
I just heard from a friend who knows both lawyers that they went away together for a “ladies getaway weekend.” I am not sure what to do — trial dates are approaching and I am worried it is too late to get a new lawyer. Any suggestions?
AYou need to have a frank conversation with your lawyer. Ask her point blank if she did go away for a weekend with your wife’s lawyer, and, if so, ask why. You may be surprised to learn the weekend away was in connection with some sort of bar organization or educational conference. It is not unusual for lawyers to belong to the same organizations, be interested in attending the same conferences and, when that happens, to travel together to such conferences, especially if they end up on a panel together.
While this is likely your only divorce, a divorce lawyer does this on a daily basis and knows how to keep relationships friendly yet professional with the opposition. One does not need to be a jerk to zealously represent a client. So, if you think your lawyer has done a good job representing your interests thus far, don’t let gossip change your opinion on the eve of trial.
If, however, you have this discussion with your lawyer and you come away with more concerns than assurances, it is not too late for a change, but you need to act fast. Ask around for names of other divorce lawyers who try a lot of cases. Not only do you need a new lawyer, you need one who knows how to try a case at this point.
It may be hard to get someone to step in and try a case on short notice. In that event, file a motion asking the court to continue your trial to give your new lawyer time to get up to speed. Explain to the judge why you need to hire new counsel and your motion should be allowed.
The downside to this is that changing counsel will cost more, as you need to get the new lawyer up to speed. But if your current lawyer planned to sell you down the river, it will have been money well spent. Wendy O. Hickey has since 1994 been involved in and since 2003 been a trial lawyer who concentrates her practice on national and international family law. Any legal advice in this column is general in nature, and does not establish a lawyer-client relationship. Send questions to dearwendy@boston herald.com.