Is It Time To Change Lawyers?

The right time to replace one’s legal counsel could depend on the case: in matters of civil law, it can generally be done whenever the client wants to, while in criminal matters, replacing one’s lawyer might be subject to court approval in specific circumstances. Here are some considerations when mulling the possibility of changing one’s legal counsel.

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You remain responsible for your legal affairs

Even though you have hired legal services, it still ultimately rests on you to push the legal battle through its conclusion, and what your lawyer says or does on your behalf. It is only fitting to do something about the service if you feel it is short of what should be delivered or if something is amiss.

There are a wealth of common problems that clients report with attorneys

Common complaints involve poor results, where the lawyer simply isn’t achieving the desired results. There’s also bad communication when it comes to crucial legal matters and decisions, making the client uncertain or worried. There could also be lack of professionalism, or the lawyer arriving late to meetings or not properly organizing documents and details provided by the client.

There are warning signs

An attorney-client relationship likely isn’t working out if calls aren’t returned immediately, the lawyer asks for repeated time extensions from the court without a good explanation, and the client received notices from the court about missed deadlines or a case dismissed out of inactivity. Heed the signs and make your concerns known to the lawyer.

Changing lawyers can come at a dear price

It can slow the case, raise the total legal bills, and demand more time and effort getting a new person up to speed on the case. Consider where you are in the course of the legal representation, and the old lawyer’s level of familiarity with the facts and laws applicable to the case. Think of whether a new lawyer can create a different or a more desirable outcome.

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Daniel DeKoter is a lawyer and partner at DeKoter, Thole, Dawson & Rockman, PLC. His general practice places emphasis on civil litigation, business and employment law, and estate planning and administration. Learn more about his practice on this page.