Changing Attorneys During a Divorce in Arizona | Hildebrand Law, PC

Thu 4th Jan, 2018 Arizona Divorce Laws

One of the potentially most important and impactful decisions you will make in a divorce or other family law case is the attorney you hire to guide and represent you through the process of a divorce or other family law case.

Although you may have thought you made the correct decision when you hired your divorce attorney, you may find yourself having second thoughts during your divorce.

Common Reasons a Person May Think About Changing Their Arizona Divorce Attorney

It is an important first step when deciding whether you should change divorce attorneys to evaluate the reasons you feel like you may be thinking about changing your Arizona divorce attorney.

A Person May Consider Changing Divorce Attorneys if There is Poor Communication

A divorce creates stress and pressure and some divorce cases supply more stress and pressure than other divorce or family law cases. When you are relying upon the help of a divorce attorney, it is important to maintain a good level of communication between you and your attorney.

One of the common reasons people may choose to change their divorce attorney during a divorce is they do not feel their attorney is timely communicating with them or they simply do not feel their questions are being adequately answered.

Good communication between an experienced divorce attorney and his or her client should include answering all of your questions, setting out a plan for you to understand how the case should move forward, and answering any questions you have have about the current status of your case.

A Person May Consider Changing Divorce Attorneys if There is Not an Agreed Upon Strategy on How the Case Should Proceed

We have all heard the saying “if you fail to plan, you plan to fail”. There are some situation where that saying is even that much more important. A divorce qualifies as one of those situations in which having a common plan is important.

Do You Have a Strategy for the Best Plan to Manage Your Arizona Divorce Case

The first question to ask yourself is whether there is a comprehensive plan or strategy on how to handle your particular situation in the first place. You should be aware of all of your options available to either settle the issues in your case or be best prepared if your case proceeds to trial.

It may seem obvious that a divorce case should proceed with a strategy from the very beginning to either resolve the case amicably or present the case effectively to the court at a divorce trial. However, there are some divorce attorneys who either just “wing it as they go” or who proceed with only a partial or limited short term strategy that changes frequently in a confusing and disjunctive way.

Do You and Your Attorney Agree on the Best Strategy to Manage Your Arizona Divorce Case

Some people may feel a disconnect with their divorce attorney simply because you and your divorce attorney may not agree upon the best plan on how to handle your case. This inevitably leads to tension and potentially conflict between you and your divorce attorney.

This can lead to a situation where both the divorce attorney and his or her client are unhappy with the arrangement and which, in many cases, leads a person to switch divorce attorneys in an Arizona divorce.

Is the Strategy Implemented on Your Arizona Divorce Case Being Timely Followed

If you have an initial plan and you and your attorney both agree with that plan, the next thing to consider if your asking yourself “should I change my divorce attorney” is whether that plan is actually being pursued in a timely manner. The words “timely manner” are emphasized in the prior sentence because an Arizona divorce case can take a long time, so things may not be moving on your divorce case as quickly as you may have wanted.

However, there are situations where even the typically long process of a divorce in Arizona is made worse by an attorney who takes more time than he or she should be taking to pursue the plan and strategy agreed upon and set in place at the beginning of your case. This situation may have you legitimately questioning whether the best thing for you to do is to change your divorce attorney during your Arizona divorce.

Is Your Attorney Communicating With You as Your Progress Through the Various Stages of Your Plan and Strategy

We already discussed that you might be thinking about changing attorneys during your Arizona divorce because of a lack of communication from your attorney. So it should be no surprise that an attorney’s lack of communication regarding the status of your case and where you are at in following your case plan and strategy can be another reason someone may be considering changing attorneys in an Arizona divorce.

A Person May Consider Changing Divorce Attorneys if the Attorney Lacks the Experience or Knowledge to be Effective

A person should not assume an attorney has the experience and knowledge to effectively represent him or her in an Arizona divorce.

All Arizona divorce attorneys have differing levels of experience and knowledge, so you should consider whether your Arizona divorce attorney has the experience and knowledge necessary for your particular case.

If you are left questioning whether your Arizona divorce attorney has the experience and knowledge to effectively handle your Arizona divorce case, you are likely also considering whether a change of divorce attorneys is your best option in which case you might want to speak to other Arizona divorce attorneys to evaluate your options.

A Person May Consider Changing Divorce Attorneys if the Attorney Lacks the Temperament or Personality He or She Believes Will Be Most Effective

If you think your divorce attorney is too passive or too aggressive in how he or she is handling your divorce case, you may be thinking about changing your divorce attorney in the middle of your Arizona divorce.

This doesn’t necessarily mean there is anything wrong with that attorney, although in some cases it may, but simply demonstrates in most cases that it is simply not a good fit for you. However, you should also consider whether your perception of what temperament your divorce attorney should have is actually helpful or will be damaging in your particular divorce case.

Is your divorce attorney not communicating what his or her strategy is in your case and you feel like the other side is calling all the shots?

If this explains your situation, you should consider changing attorneys during your Arizona divorce. However, you should understand the pros and cons of doing so before deciding to make a switch in your divorce. You should also be aware of what you should do to find an Arizona divorce attorney for your case.

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Drawbacks of Changing Attorneys During a Divorce in Arizona

Some of the drawbacks of changing attorneys during a divorce in Arizona include the cost of your new attorney having to review the file and get up to speed on your case.

It may also become difficult to find a good divorce attorney to take over your divorce case if the case is close to trial or your new prospective divorce attorney has concerns regarding how your prior divorce attorney handled the case.

For example, if your attorney failed to seek out any information or important documents from the other side and time has expired for obtaining those documents, a good divorce attorney may not agree to take over as your new divorce attorney.

Advantages of Changing Divorce Attorneys in an Arizona Divorce

Changing Attorneys During a Divorce in Arizona

There can be benefits in changing divorce attorneys during a divorce in Arizona. Divorce is a difficult process in and of itself. The difficulty of that process is compounded when you lack confidence in your divorce attorney.

Some people may believe a judge will look badly at a person changing divorce attorneys during a divorce case. That myth is simply wrong in most cases. The exception is if you change from a reasonable and well-respected attorney who is doing a good job for you only to change to an attorney who lacks respect for legitimate reasons from the judge or the other divorce attorney.

How to Change Divorce Attorneys in an Arizona Divorce

If you are considering changing your divorce attorney during a divorce in Arizona, you should understand the steps in doing so.

In most cases, the new attorney you chose to hire will reach out directly to your current attorney to let them know you have hired your new counsel to take over the divorce case. Although some people prefer to let their now former counsel know he or she has decided to retain new counsel which is fine as well.

A signed notice with be provided to the court informing the court you have changed your divorce attorney to ensure that all notices are sent to that new divorce attorney.

Your new divorce attorney will have to review your existing file to determine deadlines, as well as to evaluate what has been done and what still needs to be done on your case. You and your new attorney will also have to discuss the plan or strategy you and your new attorney will pursue to resolve the issues in your case. How much time that process takes depends upon the complexity of your particular divorce case.

Unfortunately, that will take some time and money to just get your new divorce attorney fully up to speed, which is something you should consider before changing divorce attorneys in your Arizona divorce.

FAQ: Changing Attorneys During a Divorce in Arizona

Can you change attorneys during a divorce in Arizona?

Yes. In Arizona divorce cases, you can change attorneys at any stage of your case. Your new attorney typically handles the transition by notifying your current attorney of the change in attorneys, filing the appropriate paperwork with the court, and obtaining your case file. However, changing lawyers may increase costs as a result of your new attorney getting up to speed and could affect your timeline depending on when the change occurs.

Is it a bad idea to change divorce lawyers during a case?

Not necessarily. Changing attorneys may be the right decision if communication has broken down, you disagree on case strategy, or you no longer have confidence in your lawyer’s ability to represent your interests. Before making a switch, weigh the benefits against potential delays and additional legal fees.

What are the most common reasons people change divorce attorneys?

People often change divorce lawyers because:

Their attorney is difficult to reach.
Questions go unanswered.
There is no clear legal strategy.
The attorney lacks experience with complex divorce matters.
The attorney’s communication or litigation style is not a good fit.
The case is not progressing as expected.

Each situation should be evaluated based on the specific facts of the divorce.

Can poor communication be a reason to hire a new divorce lawyer?

Yes. Consistent communication is essential during a divorce. If your attorney regularly fails to return calls, explain legal options, provide case updates, or answer important questions, it may be appropriate to consider other legal representation.

How do I know if my divorce attorney has the right strategy?

A qualified divorce attorney should explain your legal options, outline a plan for your case, discuss expected timelines, and update you as circumstances change. If you do not understand the strategy or believe your attorney is not following through on agreed objectives, it may be time to seek a second opinion.

Will changing attorneys delay my divorce?

It can. Your new attorney needs time to review your file, understand the facts, and prepare for upcoming deadlines. The closer your case is to trial or a major hearing, the greater the possibility of delays. However, if your current attorney is not effectively managing your case, changing attorneys may improve your long-term outcome despite a short transition period.

Does changing divorce lawyers cost more?

Usually, yes. A new attorney must review existing court filings, correspondence, financial documents, and case history before taking over representation. Although this creates additional legal fees, many clients believe the investment is worthwhile if it results in better communication, strategy, or representation.

Will a judge look negatively on changing attorneys during a divorce?

Generally, no. Arizona judges understand that clients sometimes need different legal representation. Simply changing attorneys does not typically affect how a judge views your case. Courts are more concerned with compliance with deadlines and court procedures than with which attorney represents you.

Can I change attorneys right before my divorce trial?

Yes, but it can be more difficult. Some attorneys may hesitate to accept a case that is close to trial because they need sufficient time to prepare. If important discovery deadlines have already passed or significant issues were not addressed earlier in the case, finding replacement counsel may become more challenging.

What happens when I hire a new divorce attorney?

In most cases, your new lawyer will:

Notify your previous attorney.
Obtain your case file.
File the necessary substitution paperwork with the court.
Review your case and develop a legal strategy.
Begin representing you in all future proceedings.

The exact process may vary depending the specifics of your case.

Should I get a second opinion before changing divorce lawyers?

Yes. Speaking with another experienced Arizona divorce attorney can help you determine whether your concerns involve communication, legal strategy, case expectations, or attorney performance. A second opinion may clarify whether changing attorneys is in your best interests.

What should I consider before changing attorneys during a divorce?

Before making a decision, consider:

Whether communication problems can be resolved.
Whether you understand your attorney’s strategy.
The additional legal costs involved.
Upcoming hearings or trial dates.
The experience of the attorney you plan to hire.
Whether changing attorneys is likely to improve your representation.

Making an informed decision can help minimize disruption while protecting your interests throughout the divorce process.

Considering Hiring an Arizona Divorce Attorney at Hildebrand Law, PC to Take Over Your Case?

If you have questions about changing attorneys during an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have decades of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce or family law case around today.

Hildebrand Law, PC Voted Best Divorce Law Firm in Arizona in Arizona Foothills Magazine

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