When is right time to fire an attorney?
I liked my lawyer when I first hired him. He said all the right things at the right times. We agreed I would work with his associate to get paperwork done to keep costs down, but that he would go to court. I find I work well with his associate and trust her. She is responsive and kind, and she works well with my husband’s lawyer.
We have been to court twice now on motions, and I suspect my lawyer is the problem — not my husband or his lawyer. Each time the judge had little patience for my lawyer. Further, he was disrespectful to my husband’s lawyer. I think I am losing because of my lawyer. I don’t want to stop working with the associate, and I don’t want to have to pay someone else to get up to speed, but I can’t shake the feeling that I might be in a different place with a different lawyer. He came highly recommended
by trusted friends, but I have serious doubts.
Do people switch lawyers midstream? Will I be seen as unreasonable if I make a change? Would it be unreasonable to ask the associate to be my lead counsel?
If your lawyer is disrespectful to opposing counsel for no discernible reason and the judge seems not to respect him, you need to do something now. It will only get worse from here. People are judged by the company they keep, and if your lawyer is unreasonable and disrespectful, the judge may feel you too are unreasonable. It is not uncommon for people to realize the lawyer they chose is not the right fit for a variety of reasons and to make a change. It is also common to make a change after the pre-trial conference when you learn your case is headed to trial. Not all lawyers are trial lawyers, and some prefer to refer cases to trial lawyers if a settlement is not going to be possible. Judges do not hold a change in counsel against you unless it is clearly a delaying tactic.
The important part is that you realize the problem now. Do the research and seek a second opinion or two. It may be that you will hear from other lawyers that your lawyer has the right strategy but, for whatever reason, has the wrong chemistry for this particular judge and your husband’s counsel. It happens.
If you like the associate and don’t want to lose her counsel, talk to your lawyer. Explain that you feel you and the associate have the right chemistry, that you believe she is capable of taking the lead on your case and that, for financial reasons, you would like her to take it from here. You might be pleasantly surprised at his reaction — he just may be waiting for a client to give his associate the well-deserved chance to shine.