Firing a Divorce Lawyer Archives

Is It a Conflict of Interest and Is It Unethical if I Saw My Divorce Attorney Hug My Husband in Court?

February 13, 2023

Attorney Fees, Court Rules, Divorce, Divorce Court, Firing a Divorce Lawyer, Lawyers, Legal System

attorney ethics, conflict of interest, divorce attorney

Not likely. Black’s Law Dictionary (11th ed. 2019) defines conflict of interest as: A real or seeming incompatibility between the interests of two of a lawyer’s clients, such that the lawyer is disqualified from representing both clients if the dual…

What advice would you give to someone who has just started a divorce?

What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost surely not what you think they are. They are scarier,…

If you give a divorce lawyer a retainer on a divorce and then change your mind within a few days, are they obligated to return the retainer?

November 30, 2022

Divorce Utah

Attorney Fees, Divorce Attorneys, Finances, Firing a Divorce Lawyer, Lawyer Fees

divorce, lawyer, retainer

While I cannot speak for all jurisdictions and for all situations, generally an attorney to whom you have paid a retainer or advance deposit is obligated to return the unearned portion of that retainer/deposit if you terminate that attorney’s services,…

When it comes to divorce and family law firms, never hire on faith and hope

October 28, 2022

Divorce Utah

Divorce, Divorce Attorneys, Divorce Lawyers, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal Assistant

divorce law, divorce law office, divorce lawyer, good lawyer, law office, law staff

Do your research with due diligence. Interview a lot of different firms and attorneys (I’m talking 5 to 10, not just 2 or 3—you’ll never get a feel for the diversity of competence and incompetence unless you do). Don’t be…

Do top lawyers advertise?

October 4, 2022

Divorce Utah

Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal System

advertisement, advertising, affordable lawyer, fire a lawyer, hire a lawyer, law firm advertising, lawyer, top lawyer, who is the best lawyer

I have yet to see the best of the best lawyers advertise, and the most likely explanation is that they don’t advertise because they don’t need to advertise. But if you think this means any lawyer who doesn’t advertise “must…

How much should you trust your lawyer? Part 2

August 30, 2022

Divorce Utah

Court Orders, Court Rules, Divorce Attorneys, Divorce Lawyers, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Judges, Lawyers, Legal System

attorney, comment, lawyer, legal counsel, legal system, research, response, trust

This blog is in response to a comment made to a video entitled How much should you trust your lawyer? “The biggest problem I’ve encountered with attorneys isn’t legal competence but the “to a hammer, everything looks like a nail”…

How would my fiancé go about getting any sort of custody for his child?

That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so that your fiancé can explain the situation to the lawyer,…

Why are child support and custody attorneys so expensive?

Because the work: requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly; and is miserable. This is why people with family law…

Why is a lawyer charging me $1,500 for a court order?

November 22, 2021

Divorce Utah

Court Orders, Finances, Firing a Divorce Lawyer, Lawyer Fees, Lawyers

attorney, attorney fees, court order, lawyer, lawyer fees, legal fees, overcharged

I do not know. Ask your lawyer. And ask sincerely. Feel free to be frank, but ask sincerely. If his/her answer does not make sense (and you’re being honest with yourself and not trying to act as though you don’t…

How to Avoid Hiring the Wrong Divorce Lawyer

November 1, 2021

Divorce Utah

Attorney Fees, Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Family Law, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyer Fees

costs, divorce, divorce costs, divorce lawyer, family lawyer, firing, hiring

So you’ve paid your divorce attorney $10,000 or so, it’s been 6 months, and essentially nothing’s getting done. What went wrong? It could be many things. If you have a bad lawyer (and that’s highly possible) you have my sympathies.…

How long will an attorney work on your case if you can’t afford to pay them any more? This would be for a divorce and they start to realize that they’re not going to get money from the other spouse.

It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she goes, but defers payment in the hope that he/she will be paid…

Does having the judge interview the children traumatize the children?

December 23, 2020

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Divorce, Divorce Attorneys, Divorce Causes, Divorce Mistakes, Emotional abuse, Family Law, Fathers' Divorce Issues, Firing a Divorce Lawyer, GAL (Guardian ad Litem), Judges, Justice and Equity, Juvenile Court, Legal Custody, Legal System, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Physical Custody, Preparing for Divorce, Utah Code, Utah Law, Utah Supreme Court Decisions

§ 30-3-10(5), $10, $3, 000, better, child abuse, child witness, children, custody evaluator, different, effectively, free of charge, functionally, GAL, guardian ad litem, hearsay, interview, judge, LCSW, less time, mental health professional, on the record, parents, Psychologist, second hand information, skilled, spending, thousands, trauma, traumatize, Utah code, Utah Legislature

Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child…

When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?

When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)? In Utah, where I practice divorce and family law, the answer is: no. When a lawyer…

If my current attorney stinks, can I hire a new one?

May 15, 2018

Divorce Utah

Firing a Divorce Lawyer, Hiring a Divorce Lawyer

firing your divorce lawyer

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…