If my current attorney stinks, can I hire a new one?
Great question. And one that many clients are afraid to ask (or afraid to get an answer). But the answer is good news:
You are not stuck with the attorney you started out with.
Yes, you can fire your attorney.
I’ve made two videos about the power and freedom you have to fire an attorney you’re not satisfied with:
Unless your attorney is so bad (i.e., doing you more harm than good) that you’d be better off with no attorney than another moment with the bad attorney, it’s best that you not fire your current attorney before you have found an attorney you want to replace your current attorney.
Once you have found the attorney you want to replace your current attorney, you hire the new attorney, and then notify your old attorney that he/she has been replaced. Make sure it’s in writing too.
If you’re uncomfortable with telling your attorney yourself, “You’re fired,” then you can ask your new attorney to break the news. Your new attorney is permitted to do so (and your new attorney should have no objection to doing so).
Your new attorney will then give notice to the opposing party and the court of the substitution of counsel, so that everyone in the case is aware of the change.
Replacing your attorney is your right, it’s not hard, and if you have a lousy attorney, you should replace your attorney with a good one as soon as possible. Your attorney is your representative, and if your attorney is doing a bad job, then your attorney is making you look bad.
Utah Family Law, LC | divorceutah.com | 801-466-9277 Bear in mind that I practice divorce and family law in Utah, so make sure you learn the rules in your jurisdiction, but the principles should be similar in most jurisdictions (and note: while I am the one who wrote the script for these videos, the man in the video is Brian Godfrey, who was my legal assistant at the time).