Recognizing when it is time to change counsel
Changing attorneys mid-case is disruptive, but sometimes it is necessary. Here are situations where a change may be warranted.
Signs it may be time
- Weeks without any response -- An attorney who does not respond to multiple contact attempts over several weeks is not serving you
- Missed deadlines -- If your attorney misses filing deadlines, your case could be dismissed
- Errors in filings -- Incorrect information in your petition or schedules that the attorney refuses to correct
- Surprises in court -- If you learn about court orders or motions from someone other than your attorney
- Loss of trust -- If you no longer trust your attorney to act in your best interest
How to terminate representation
- Notify your attorney in writing that you are terminating the relationship
- Request your complete case file
- Line up replacement counsel before terminating, if possible
- Your current attorney must file a motion to withdraw from the case
- New counsel files a notice of appearance
Timing matters: Try to avoid changing attorneys right before a hearing or deadline. If possible, coordinate the transition so there is no gap in representation. Inform the court if you need additional time due to the transition.
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