Did you hire an attorney to represent you, and now you are having second thoughts? Are you wondering how to know if you hired the wrong person? Here are things to look for when deciding whether you should break ties and find someone new to represent you. Before you switch attorneys, however, you should always inquire into the retainer and billing and how that change may impact the cost of your case.
1. You Are Not A Priority to This Attorney. We all know that attorneys have a roster of clients, but every case should be handled with diligence and care. Take a look at how serious the problem is. If your attorney is missing hearings or deadlines, then you probably need someone new. If he or she is consistently late to court, then that is something also to look at. If your calls or emails are not being returned, then your attorney is not fulfilling their responsibility to communicate with you. If your attorney talks down to you or pressures you to make a decision you aren’t comfortable with, then those are also signs that you and your attorney may not be a good team.
2. Your Attorney Doesn’t Know What He or She Is Doing. Even if you were referred to your attorney by a friend or if they are an acquaintance, the relationship is a business one. You have to look out for yourself and make sure that you are being represented by someone who is competent to represent you in this type of case. Signs to look for:
- Does your attorney seem to know the system?
Can he or she give you an overview of each step or hearing in your case and what will take place?
- Does your attorney appear confident?
Trust your instincts about the level of confidence your attorney displays. Confidence doesn’t equal competence, but it is one indicator of whether this is your attorney’s first case of this type or 10000th.
- Does your attorney answer questions?
If your attorney is knowledgeable, he or she will not shy away from questions, but rather, encourage you to ask about anything you don’t know or understand.
Does your attorney know the people?
Does your attorney seem familiar with other attorneys, court staff, counselors, etc. Professional affiliations are another clue to experience.
3. You can’t Afford Your Attorney. This is a tricky one because the value you get from an attorney is difficult to quantify. Any attorney is going to be a strain on your budget because divorce, adoption, criminal defense, and so forth are expenses that are unusual and will seem high. So, the financial discomfort of any attorney is a given and you want someone who is good, which doesn’t come free. However, some attorneys are better salesmen than lawyers. Some bill for things that may not be necessary. Here are some things to look for when deciding if the cost is prohibitive:
- Are you comfortable with the billing approach? Would you prefer a flat fee for your case? Do you prefer hourly?
- Do you understand the fees and do you understand how to maximize your value? For example, if your attorney bills you a flat fee for every email they read from you, then you may want to consolidate all questions into a short email. As another example, is your attorney “chatty” such that a phone call will cost you a lot more than email exchanges or is your attorney a bit of a slow writer, such that a call will resolve issues faster than email.
- At the end of the day, do you feel like you are getting the full value out of your representation?
Your decision on legal representation should not be taken lightly, as the outcome of your case will impact your life for years to come. There is no easy answer to whether you should make a change, but the factors to be considered certainly include whether your counsel is giving you the attention you deserve, whether they are competent to represent you in this type of case, and whether you will be able to pay the bill when it’s all said and done.
