By Jamie Kinkaid
A man has the freedom to choose who they desire to have as their divorce attorney. Many clients go through a process of changing divorce lawyers, though.
Just as much as attorneys have the right to withdraw from representation, men have the right to change representation.
However, the consequence of retaining new counsel depends upon your agreement with the current attorney and where you are in your case.
If you are at the beginning stages of filing, this obviously would be of less consequence then if you were a week before trial. Getting your new divorce attorney up to speed is simpler in the beginning, as compared to after discovery is complete or after trial is scheduled. Depending on your agreement, you may have also given a “non-refundable retainer.”
Therefore, another consequence of switching divorce lawyers may be that you have given up your retainer, depending on the contractual agreement and the rules governing attorney conduct in your state. You would obviously be responsible for any outstanding fees, but you may be able to get a refund of any unused balance, so this may also be of little consequence.
I have never had a judge become biased simply because a client chose a new attorney. In order to save on the cost of withdrawal, your new attorney may be able to tell you how to save an expense by filing a “substitution of counsel” if it is available in your area.
Cordell & Cordell:
In addition, it may not be required to have a hearing on a Motion to Withdraw, but I am also unsure if this is available in all jurisdictions.
The decision to hire an attorney is a personal one and you need to be comfortable with the person you choose to guide you through the process.
I encourage individuals to research their options very closely and to pick a mens divorce law firm and a mens divorce attorney who is knowledgeable and suits your personality.
Men are not alone in this process. You need to feel comfortable that someone is advocating for your interests and is truly the best mens divorce lawyer for your case.