Can't Get Any Satisfaction?
If you're dissatisfied with the way your lawyer is handling your case, first take a look at the problems. Not returning telephone calls? Maybe you're calling too often or trying to address issues that should be discussed with a therapist. You don't like the answers to your questions? Your lawyer has no plan of action? This is indeed worrisome. If you and you lawyer can't agree on a plan and begin to implement it, perhaps you need to look elsewhere.
Getting a Second (or Third) Opinion
Perhaps this would be a good time to get a second opinion. You always can talk to another lawyer about your case.
You should be treated with respect. If you're uncomfortable with the way your lawyer talks to or treats you, you ought to consider looking elsewhere. A divorce can be a long and trying process, so you should have someone on your side that you are comfortable with and can trust.
It may be that your lawyer is giving you legally correct answers to your questions, and you don't like the content of those answers. It may be the plan you want to adopt is impossible or unrealistic. If two lawyers tell you so, they probably have a point, but it may be worth it to get a second opinion for your own peace of mind.
Firing Your Lawyer
You can, of course, fire your lawyer at any time. You probably won't have too much trouble finding a second lawyer. However, if you've run through three lawyers, a fourth is going to think long and hard before agreeing to represent you. Nevertheless, timing is a consideration. For example, it's not a good idea to fire your lawyer the week before you're scheduled to go to trial. Your new lawyer may not be able to get a continuance (an adjournment to a future date) from the court for time to prepare.
Report Unethical Behavior
If your lawyer proposes a course of action you believe is unethical, you can report her to the board or committee in your state that reviews attorney conduct. You can find the name and contact information of this organization from your local bar association. This board is made up of lawyers who oversee the behavior of practicing lawyers in your state. They review complaints from clients, other lawyers, judges, and citizens about the behavior of licensed attorneys, and they have the authority to discipline lawyers. They can also recommend that a lawyer lose her license — be disbarred — for unethical behavior.
Be sure the behavior you complain about warrants discipline. Just because you didn't get the results your lawyer promised isn't enough to file a complaint. Unless your lawyer came to court unprepared or under the influence of drugs or alcohol, you probably don't have case. Reviewing complaints and writing the responses are very time consuming. Make sure your complaint is real.
More ethics complaints come out of family law cases than from any others — probably because divorce cases are highly emotional. Most complaints are probably made because lawyers have a hard time telling clients bad news, so clients' expectations are not met. Some lawyers do behave unethically. Fortunately, it's a small minority, and you'll be doing everyone a favor by reporting them.
Disputing Fees
You can challenge your lawyer's bill. Most states have a fee arbitration program where you and your lawyer present your arguments about the bill. If you use fee arbitration, you both agree to abide by the arbitrators' decision.
You can also challenge the fees in court. If your attorney has kept good records and you signed a fee agreement, especially one in which you have to object within a few days or deem that you approve the bill, the court will probably award the lawyer fees that he can document. Especially in divorce cases, fees aren't adjusted by results obtained. This means you can't get a reduced fee if your lawyer didn't get you custody of your children.
If you chose your lawyer well, you probably won't have problems with communication or strategy. And if you do your share of the work, you'll keep your lawyer's fees manageable and won't have to fight over them. If you listen to your lawyer and accept his advice, you'll have reasonable expectations and be able to negotiate with the other side. Working with your lawyer can be a good experience.
