There are many good reasons to switch attorneys. If you’re not a good fit, your attorney fails to return your calls or emails, or your attorney won’t represent you any longer, then it’s time to find someone else who will. If your attorney isn’t competently representing you or gives you bad advice, then it’s time for a change.

You’re ultimately responsible for your legal affairs and what your lawyer says and does for you. Firing your attorney shouldn’t be taken lightly. It will probably slow your case, cost you more money, and you’ll spend more time and energy getting this new lawyer up to speed. However, failure to act may result in a legal disaster that is not easily fixable.

You must weigh the costs and benefits of new legal representation. If you believe your attorney is causing you problems, it is important that you do something about it.

Problems That May Justify Changing Legal Counsel

Here are some common complaints that lead to clients hiring new attorneys:

• Poor results: You’re not reaching your goals and objectives. This isn’t necessarily the attorney’s fault. You may have a weak case or defenses. The issues may be close calls, and the judge chose the option that hurts your case;
• Bad communications: You should expect regular contact, but that doesn’t mean your attorney must pick up the phone every time you call or respond to emails within minutes. If there are long delays, or the attorney is avoiding discussions about why your case isn’t going well, then you have reason to be concerned; and
• Being unprofessional: Problems include: chronically being late; not grasping the basic facts or issues of your case; not knowing your name or the names of people critical to your case; can’t find important documents or information you provided; missing deadlines for filing motions and other important matters; isn’t prepared; and doesn’t treat opposing counsel or the judge with respect. If this is happening to you, these aren’t just red flags. They’re flashing red lights.

You should discuss these issues with your attorney and get their side of the story. But the reality may be that the attorney isn’t very good or they’re going through personal issues impacting their performance. You have too much at stake to give your attorney much slack.

Is Your Attorney That Bad? Ask Another Attorney for a Reality Check

Getting another opinion may be a good idea. Ask family, friends, colleagues, and other professionals if they know of another attorney taking your kind of case. You can also contact us, and we can give you confidential feedback based on what we see and hear.

Another set of eyes on your file may clear things up. Your attorney may not be doing such a poor job. You may have a difficult case, and perhaps your past mistakes in handling the issue — not ones made by the lawyer — are causing the setbacks. The matter may progress slowly for reasons beyond the attorney’s control. The “second opinion” lawyer may also think the work is substandard and you’re being harmed.

A critical question to ask is whether you’re better off with another attorney:

• Who you have now may have their faults, but are they to blame for your situation?
• Given how a judge has ruled in the past, the facts of your case and the applicable law, will hiring a new lawyer be the proverbial shuffling of the deck chairs on the Titanic, or is there a reasonable chance of turning the ship around before it hits an iceberg?
• Is it also possible to bring in a new lawyer as a consultant or special counsel to the prior team, giving you the benefits of continuity plus change?
• Instead of getting a new lawyer, is it possible your best option is cutting your losses and settling with the other party?

If you learn from this feedback that your attorney violated the rules of professional conduct, it’s time to hire a new lawyer. You should also seriously consider reporting your lawyer to the state courts’ Office of Attorney Ethics. If this is happening to you, there’s a good chance it’s happening to other clients too. Depending on the facts, whether you suffered harm, and how serious the mistakes, you may also have a legal malpractice claim against your prior attorney.

Obstacles to Changing Attorneys

Even if you want another attorney, the timing may be bad. Whom you want to hire may need more time to take another case. You may face important deadlines you can’t meet with a new attorney. If you’re deep into the litigation process, with a trial around the corner, a change may not be practical. Depending on the judge, a new attorney request may be denied in the interests of judicial economy.

Your current attorney may tell the opposing attorney and the court you’ll be hiring a new attorney and seek a delay in the proceedings. They may or may not cooperate. If you’ve had multiple attorneys on your case already, new attorneys may be especially reluctant to help you. They may feel you have a losing case and you’re just going through the motions and wasting everyone’s time by delaying an inevitable loss.

Making a Change

If, after all these considerations, you decide to replace your attorney, here are the issues you must address:

• Line up your new attorney before firing your current one, or you may put yourself in a jam. This may take some time, especially if you have a complex case, and a new attorney must be able to “hit the ground running” if deadlines approach;
• What does your retainer agreement say about payment? The retainer agreement should cover a termination process and the return of unspent retainer money or final payment of monies still due;
• Notify your attorney in writing that their services are no longer needed (how you do this should also be in the retainer agreement). Arrange for your new attorney and or you to get a copy of your file, understanding that NJ ethics rules prohibit a lawyer from holding onto a file until the final bill is paid;
• Be polite and professional no matter how much your relationship has broken down. You still need their cooperation concerning turnover of your file and possibly other issues. Name-calling won’t make that more likely.

Depending on the circumstances, a new attorney may make all the difference in your case. They may give you a different perspective and pursue it more competently, diligently, and with more energy.

Get Help From Attorneys You Can Trust

If you’re involved in civil litigation or an employment, family, or criminal defense matter and want another lawyer’s view on your case or have decided you need to replace your attorney, we can help.

Call the Kingston Law Group at 609-683-7400, or contact us online today. We will schedule a near-term and reduced fee initial consultation with you at our Central Jersey law offices in Princeton. We are compassionate counsel and tough advocates. We will listen to your facts, explain the law, and help you decide if hiring new legal counsel is a wise choice. Call today. You will be glad you did.