How to Change Divorce Attorneys

The formal process of changing divorce attorneys is simple. Your new attorney simply must file a document with the court listing the name of the new attorney and firm that is representing you. You must also inform your spouse in writing that you are changing lawyers and make sure that all other pertinent parties--such as mediators--have your new lawyer's contact information.

Instructions

1. Find a new divorce attorney. Before you end your professional relationship with your divorce lawyer, you should retain another attorney so there is no point where you are without legal counsel. Get the new attorney's fee schedule and policies in writing before you commit to working with him.

2. Discuss the details of your case with the new attorney. Make sure that you understand the process of transferring your case. When you meet with your new attorney, bring copies of all petitions, responses, motions, discovery requests, deposition transcripts, subpoenas, mediation documents, financial affidavits, requests for child support and alimony, property settlement agreements, and separation agreements. You should also talk to your new lawyer about the reasons you are changing counsel, particularly if you were not satisfied with the quality of your previous lawyer's representation.

3. Terminate the relationship with your existing divorce lawyer. After you have signed an agreement to retain your new divorce attorney, dismiss your former attorney. You may wish to do this in writing to avoid confusion and additional bills for services you did not require. You should let your previous attorney know you are switching counsel the same day that you retain your new lawyer. When you terminate your services, get copies of any outstanding bills. Keep in mind that attorney may not calculate bills until the end of the month, so verify when the firm's billing period ends. If you paid a retainer through which your monthly fees are deducted, verify your balance and ask when how and when you will receive the funds leftover after the billing cycle.

4. Get a copy of your file. When you speak to your old attorney, request a full copy of you client file, which should include all of the filings and discoveries from your case. Your previous attorney may charge you for the cost of photocopying your file, but it is important that your new lawyer have all of the documents that have been filed up to the present time.

   Your former lawyer may also have copies of documents in your file that you, personally, did not receive. Many of these documents, particularly those coming from the court, list upcoming hearing dates and deadlines for filings. The new attorney will need to know these deadlines as soon as possible so that he can comply with the requests or file a motion for continuance.

5. File an entry of appearance for your new divorce attorney. Your new divorce lawyer will need to file a document with the court entitled "Entry of Appearance." This will inform the court that you are changing divorce attorneys and permit your new lawyer to represent you at your next hearing. If you are involved in mediation, your mediator will also need to receive a copy of this document.

6. Inform your spouse of your change in counsel. You will need to give your spouse and his attorney a copy of the entry of appearance so that he sends correspondence, document and discovery requests to the proper party.

References

• Changing Lawyers