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0204: How to Fire Your Attorney

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Visit us at divorceandyourmoney.com for the #1 divorce resources in the USA and get personalized help. Learn about coaching services here.   There may come a point where you need to fire your divorce attorney. And I want to talk about how you do that, what the mechanics are and some things to keep in mind. Now before you fire your divorce attorney, that's what we call a last step in the process. Not the first thing that you need to do. It might be something, if your relationship with your attorney is not going well there are many ways to repair it or to make your comments known and just to give you a heads up I have about seven or eight podcast episodes on how to manage and get the most out of your attorney relationship in the Quick Star Guide and that's just in the Divorce and Your Money store. You can get a lot of great information that will save you hundreds if not thousands of dollars just from that section on managing your relationship with your divorce attorney but one of the things I want to cover in this particular episode is the mechanics of, "All right, you've had enough. Your attorney's relationship just isn't working out." And what do you do? How do you communicate that? How do you change attorneys? How does that process work and what are the things that you need to keep in mind as you consider changing attorneys? It can be a challenging thing to do and there are some elements to consider. Now, one thing I'll just tell you is don't feel as if you failed because you picked an attorney that did not work out for you. Choosing an attorney is a very very difficult process. There are a lot of complications. It's not easy. You don't always know what you're getting because it's hard to say how that attorney relationship's going to go before you get divorced and it's not always easy to pick the right attorney. And so ... And sometimes you have what is a good attorney but isn't a good attorney for you and your circumstances. And so when you finally get to that point that your attorney just isn't up to the task for you and the relationship's not going well and you're on that last straw, it maybe time to fire that person. And I want to cover three areas to consider, or three things to think about as you go through the firing process. The first is communicating your concerns, the second is interviewing other attorneys and the third is how to fire the attorney and what the mechanics of that are. Let's start with the first point which is, communicating your concerns with an attorney. One of the toughest parts with the attorney is that you have to communicate what is going on and if you are unhappy for a particular reason, you need to communicate the reasons for your unhappiness with the attorney's job. Sometimes, or most of often, almost the same way it is in a relationship is that the biggest issue of the attorney or with the attorney is in the communication area. And your communication with that person just is not where it needs to be. And so you might not know what's going on with your case, your attorney might not reply to your emails in a timely fashion, maybe they don't seem prepared or know what's going on in your case and maybe their paralegals are not being responsive. Whatever the concerns maybe you need to start by outlining those and communicating your unhappiness or frustration with the job that the attorney is doing. And maybe they might say, "Oh, sorry, let me work on this thing," and you give them a month or a few weeks and they improve substantially. Because they might not know that they have a problem with customer service. Many times lawyers are good at the law but terrible at running a business and they're not as adept at things like customer service and communication even though it's very important to you. Other times, and one of my unfortunately favorite sayings is, "A bad attorney doesn't become better just because you keep paying them." And so sometimes you're going to be in a position where just that attorney is not working out and you have to, despite your communication attempts, it's just not going well. And so I wouldn't expect because you pay them an extra $5,000 or an extra $10,000 or an extra $50,000 that they're going to magically become better for you and better for your case. And so, what to do then is it's time to move to the next step, which is step number two, is that is interviewing other attorneys. Now, I have lots of episodes, both free and in the Quick Stuart Guide on how to select an attorney, both the first time and the second time around. And ways to minimize the chance you end up with a bad attorney. There's a lot of different tips in there for you to think about but one of the things I want to cover is that before you fire or consider firing your attorney you need to have somewhere else to go. It'