the modern woman's divorce guide

Believe it or not, you can fire your lawyer. You do not need to suffer in silence and you do not need to tolerate unacceptable legal representation. Firing your lawyer, however, should be thoughtfully considered and well planned out. If you’re thinking about “axing” your lawyer, consider taking these steps before doing so.

1. Speak to your lawyer and explain your dissatisfaction. Ask that he/she remedy his/her behavior. If you haven’t already done so and you aren’t in a crisis or urgent situation, give your lawyer some time to meet your needs after your conversation.

2. Speak with two or three family lawyers (other than your existing lawyer) in or near your city. Explain your situation to them, and listen to their feedback. The primary goals in speaking with these lawyers are to get their legal opinions about your case, and to compare their opinions to those of your lawyer. After making several comparisons, you should be able to determine whether your lawyer is doing the best he/she can given the circumstances of your case, or if he/she just isn’t up to par.

Be sure to take the new lawyer’s opinions with a grain of salt. If a lawyer is eager to earn your business, he/she may not be truthful with you. For this reason, it is usually worthwhile to pay reputable family law specialists their hourly fees for the comparison consultations. If you need assistance finding several lawyers, use our Guidelines for Finding Lawyers.

3. Find a new lawyer you can afford who is willing to take your case. Speak with this lawyer to determine the best way to tell your old lawyer he/she is fired and obtain copies of your files. If you have an outstanding bill with your former lawyer, you may want to ask your new lawyer how to handle it.

4. If you can’t afford to pay another lawyer to represent you, look for free or pro bono legal services. You can do this through your state and local bar associations, community legal organizations, and possibly, law school clinics. Information and links to help you find these services are provided in our article Divorce on A Shoestring and our State Resources’s pages.

5. If your divorce is relatively friendly and your relationship with your husband amicable, consider using mediation or your court’s settlement services, if available.

WORDS OF CAUTION: Laws, judges, and legal procedures are very strict and unforgiving. You must proceed vigilantly and carefully if you are firing a lawyer, especially if you have any hearings, trials, or court conferences pending in the immediate future. Do not do anything to jeopardize your legal rights.