My divorce attorney has fallen back on his word. He is leading toward what my husband want. Can I fire him and hire someone else

· · 0 views
My first appointment with my divorce attorney, he wrote out the paperwork for the things I was asking for. Now, he is leading toward what my husband wants. I don't understand what is happening. He isn't fighting for me at all. I don't know what to do.

4 Attorney Answers

You can always change attorneys. Just make sure you have a complete copy of your file when you go for a consultation with another attorney
I would make an appointment with your attorney to discuss your concerns and expectations. I suspect that you misunderstand what he is doing, as well as his motivation for doing those things. From an outsider's perspective, it sounds like he may be trying to negotiate a settlement, especially since he knows what the court may or may not grant, based on what he knows about your case, what he knows about your husband's case, and what he knows or expects owing to his experience as a family law attorney. Settlement is often proposed in order to obtain the best possible result while reducing/eliminating costs (e.g., costs of mediation (required even if you only disagree on one issue), costs of a guardian ad litem if there are issues in dispute regarding any minor children, trial costs, etc.), as well as eliminating the uncertainty of leaving the outcome in the hands of a whatever judge happens to be assigned to preside over the hearing.
That said, you are always free to "fire" your attorney and retain a different one, but keep in mind that your attorney is entitled to a reasonable fee earned, so depending on what you've paid, you may or may not get any money back. You would have to discuss any potential refund with your attorney, and if you decide to terminate the representation, you are entitled to a copy of your file less any of your attorney's work product.
I agree with Ms. Seibert. You should not change attorneys on a whim. You need to schedule a meeting with him to explain your expectations. He should be able to explain to you the range of outcomes if you proceed to trial including the time and cost. What you think should happen may not be what the law says will happen if you let the judge decide. You need to understand what his strategy for your case is before you make such a major decision.

Sign in to answer this question.

Sign In or Sign Up as an Attorney