Asked 10/23/2011
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What can you do if you are not happy with your divorce lawyer Did your divorce lawyer overcharge you? Did they not help you settle your divorce? What can you do about it? |
Answer 1/4 - Submitted 10/23/2011
It depends on if they have broken the rules and if the divorce is completed. If you have not finished the divorce, you can actually change lawyers. I had a friend that changed lawyers three times during their divorce, and the final result was an 800 dollar settlement ... he was very pleased. If your lawyer is not working out, then you should look for a better one. However, if they are overcharging and not giving you a breakdown, you may want to look into reporting this. I believe that most countries have a legal council which regulate lawyers and are very strict.
Answer 2/4 - Submitted 10/23/2011
You can usually fire your lawyer at any time, but if you're close to trial, the judge may force you to carry on in a pro se capacity (ie, without a lawyer). However, they'll usually give you a little more time to find new counsel. Just be aware that - depending on how much time he has to prepare, your new lawyer may not be up to speed or as prepaid as your first attorney.
On the flip side, lawyers may not be able to withdraw as easily. Usually when a lawyer wants to withdraws, it's because he hasn't been paid. A judge will usually allow it in that instance, although withdrawal may be refused if you're on the eve of trial or ssome thing like that.
Answer 3/4 - Submitted 10/24/2011
There are many legal steps you can take, but first;
Don't let your lawyer make decisions for you. Although your lawyer is experienced and has handled many divorces, you will have to live with your divorce-related decisions for the rest of your life. Listen to your lawyer's advice, carefully weigh your options, then decide on an appropriate course of action. Your lawyer cannot and should not be making divorce-related decisions for you.
Some lawyers do make mistakes, mediating too early or too late in the case, not gathering the correct statements or settlments, making early opening arguments, failing to communicate willingness to the case, failing to involve the client, making all legal desicions and not advicing different scenarios to the client...etc.
Although their are many mistakes made, and money spent or wasted, legally their is nothing you can do to your lawyer, mediator or arbitrator. It's simply another lesson learned. You can fire the lawyer you have anytime you like! Afterall, it is your divorce and you will be living with the repercussions. Not your attorney. Get involved ask questions, never let your attorney make all the desicions, also do your homework too! Lawyers set their own rate for pricing, so I would not argue on that portion.
Good Luck
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